Mohan Bin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8835 of 2017 Arising Out of PS.Case No. -34 Year- 2015 Thana -PIPRASI DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Mohan Bin son of Late Soral Bin @ Salik Bin @ Saral Bin resident of village - Kailash Nagar (Kalash Nagar), Ward No. - 4, P.S. - Bagaha (Pathkhauli), District - West Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kr Singh No. 1, Adv. For the Opposite Party/s : Mr. Ajay Kumar -2, APP 71 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 12-04-2017 Heard learned counsel for the petitioner and counsel for the State.

In this case, the petitioner is seeking bail in connection with S. Tr. No. 91 of 2016 arising out of Piprasi P.S. Case No. 34 of 2015 for offence under Sections 147, 148, 149, 323, 324, 307 and 302 of the Indian Penal Code.

In the present case the dispute is with respect to cultivating the land. The present petitioner along with other coaccused persons have raided and started to assault the victim who died at the spot.

Learned counsel for the petitioner submits that against the present petitioner, there is only one allegation that he was

Patna High Court Cr.Misc. No.8835 of 2017 (3) dt.12-04-2017 holding Lathi and the specific allegation is against co-accused Tufani Bin to have caused injury on the head of the victim who ultimately died.

Earlier the petitioner had moved before this Court with a prayer for bail in Cr. Misc. No. 7652 of 2016 and, this Court, vide order dated 19.4.2016, rejected the bail of the petitioner with a liberty to renew his prayer for bail after one year of his judicial custody. There is no specific allegation against the petitioner to have caused injury to the victim.

Looking to the facts and circumstances of the case, let the petitioner, namely, Mohan Bin, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge, Bagaha, West Champaran in connection with S. Tr. No. 91 of 2016 arising out of Piprasi P.S. Case No. 34 of 2015.

(Shivaji Pandey, J) Rishi/- U T