Mahipal Singh @ Mahipar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15810 of 2023 Arising Out of PS. Case No.-422 Year-2022 Thana- SHRIKRISHNAPURI District- Patna ====================================================== Mahipal Singh @ Mahipar Singh S/O Vashudeo Singh R/O Village- Basti, P.S- Harnaut, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bindhyachal Singh, Sr. Advocate Mr. Pravin Kumar, Advocate For the Informant :

Mr. Ajay Kumar Thakur, Sr. Advocate Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-06-2023 Heard learned counsels for the petitioner, informant and the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 302, 120B/34 of the Indian Penal Code.

As per prosecution case, on the alleged date and time, the informant got an information that some unknown miscreants killed her husband who was admitted in Paras Hospital where he was declared dead.

Learned counsel appearing for the petitioner submits that informant is not an eye witness of the occurrence and she merely suspects that this petitioner might have killed her husband as prior to this incident, one year ago, this petitioner

Patna High Court CR. MISC. No.15810 of 2023(3) dt.28-06-2023 2/2 and his son made firing on her husband due to political dispute for which, Harnaut P. S. Case No. 498 of 2021 was registered. It is further submitted that during entire investigation, no one has claimed to have identified this petitioner and except suspicion there is no other material to show his connivance in the alleged occurrence.

Learned counsel for the informant opposes the bail application and submits that petitioner is named in the F.I.R. and this petitioner had old enmity with the deceased. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Patna in connection with Sri Krishnapuri P. S. Case No. 422 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T