Mukesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10175 of 2022 Arising Out of PS. Case No.-358 Year-2013 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Mukesh Singh Son of Laddu Singh Resident of Village- Sakrwar Tola, Mokama, Lpolice Station- Mokama, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 13-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks bail in connection with Hajipur Sadar P.S. Case No. 358 of 2013 registered for the offence under Sections 302, 120(B) and 34 of the Indian Penal Code. The accused/petitioner is not named in the F.I.R. and is in custody since 10.10.2021.

The crux of allegation against the petitioner is to kill one of the companion prisoners, namely, Rambalak Ram while in judicial custody in Barrack no. 3⁄4 of district Vaishali. Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner purely surfaced on

Patna High Court CR. MISC. No.10175 of 2022(2) dt.13-06-2022 2/3 suspicion merely for the reason that the petitioner was lodged in same barrack in which the alleged death, in judicial custody, took place. It has also been submitted that other similarly situated co-accused persons have already been granted bail by a learned Co-ordinate Bench of this Hon'ble Court. It has further been submitted that chargesheet has already been submitted in this case, as such there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State while opposing the prayer for bail fairly conceded that the name of the petitioner surfaced on suspicion.

Considering the facts and circumstances as mentioned above, as the name of the petitioner surfaced on suspicion coupled with the fact that chargesheet has already been submitted in this case, let the petitioner, above named, is directed to be released on bail in connection with Hajipur Sadar P.S. Case No. 358 of 2013 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, subject to the following conditions:

"(i) Accused/Petitioner shall

Patna High Court CR. MISC. No.10175 of 2022(2) dt.13-06-2022 3/3 cooperate in the trial and shall be properly represented on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court only on medical ground duly supported by the documents.

(ii) That one of the bailors shall be the close relative of the accused/ petitioner like mother/father/sister/brother."

(Chandra Shekhar Jha, J) Ankit/- U T