Mithun Singh @ Mithun Kumar Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37692 of 2014 Arising Out of PS.Case No. -110 Year- 2013 Thana -PATEPUR District- VAISHALI(HAJIPUR) ======================================================

1. Mithun Singh @ Mithun Kumar Singh, S/o. Ashok Singh,

2. Shiv Shankar Singh, S/o. Yadunath Singh,

3. Shankar Singh, S/o. Nandesh Singh, All are resident of village- Mandai Dish, P.S. Kurhani, DistrictVaishali. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bela Singh, Advocate. For the Opposite Party/s : Mr. Ram Shankar Das (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 07-05-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioners, namely, Mithun Singh @ Mithun Kumar Singh, Shiv Shankar Singh and Shankar Singh, in connection with Patepur Police Station Case No. 110 of 2013 under Section 395 of the Indian Penal Code.

Perused the above application and materials on record including a copy of the order, dated 26.07.2014, passed, in A.B.P. No. 1312 of 2014, by the learned Sessions Judge, Vaishali at Hajipur, dismissing the said application for pre-arrest bail. Heard Mr. Bela Singh, learned Counsel for the petitioners, and Mr. Ram Shankar Das, learned Additional Public Prosecutor, appearing on behalf of the State.

Patna High Court Cr.Misc. No.37692 of 2014 (3) dt.07-05-2015 2/3 In view of the fact that perusal of the record does not reveal any such incriminating materials against the petitioners, which would warrant their custodial detention and interrogation, this Court is of the view that the petitioners have been able to make out a case calling for appropriate direction for pre-arrest bail.

Considering, therefore, the matter in its entirety and in the interest of justice, it is hereby directed that the petitioners above-named shall, in the event of their arrest in connection with the case aforementioned, be released on bail of Rs. 10,000/-, with two sureties, each of the like amount, subject to the satisfaction of the Officer-in-Charge, Patepur Police Station, Vaishali, at Hajipur. This direction for bail is further subject to the condition that the petitioners above-named shall, within two weeks from today, appear before the Officer-in-Charge, Patepur Police Station, Vaishali, at Hajipur, and make themselves available for interrogation by police at all reasonable time and shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer. This application for pre-arrest bail shall stand disposed of in terms of the above observations and directions.

Patna High Court Cr.Misc. No.37692 of 2014 (3) dt.07-05-2015 3/3 Let a copy of this order be sent, forthwith, to the Officer-in-Charge, Patepur Police Station, Vaishali, at Hajipur. Send also a copy of this order, forthwith, to the Superintendent of Police, Vaishali, at Hajipur, by fax. (I. A. Ansari, J.) Mkr./- U T