Mukesh Singh @ Munna Singh @ Munna v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15577 of 2022 Arising Out of PS. Case No.-142 Year-2021 Thana- SULTANGANJ District- Bhagalpur ====================================================== MUKESH SINGH @ MUNNA SINGH @ MUNNA Son of Late Suresh Mahto Resident of Village - Tilakpur, P.S.- Sultanganj, District - Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pankaj Kumar, Advocate For the Opposite Party/s :
Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-07-2022 Heard learned counsel for the parties.
Let the defect(s), if any, as pointed out by the office be removed within four weeks.
The petitioner is in judicial custody in connection with Sultanganj P.S. Case No. 142 of 2021 for the offences under Sections 302, 201 and 34 of the Indian Penal Code. As per the prosecution story in brief is that on 02.07.2021, son of the informant went out of his house after taking tea but did not return home till 3.P.M. but on mobile he told that he is at Sahkund. It is further alleged that after sometime his mobile was found switched off. It is further alleged that she received information on the very next day that her son has been killed by the petitioner including the FIR named accused persons.
Patna High Court CR. MISC. No.15577 of 2022(2) dt.11-07-2022 2/3 Learned counsel for the petitioner submits that only on the basis of suspicion, the petitioner has been implicated in this case and he has already suffered by being in jail since 04.07.2021 (as stated in paragraph-1 of the bail application). It is further submitted that he does not carry any criminal antecedent.
Taking into account the fact that the charge sheet has been submitted in the matter and the petitioner is in jail since 04.07.2021, let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of like amount each to the satisfaction of Additional Chief Judicial Magistrate-1st, Bhagalpur in connection with Sultanganj P.S. Case No. 142 of 2021, subject to the following conditions. (i) one of the bailor should be the family member of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;
(iii) he shall appear before the concerned police station every fortnight for next six months to mark his presence;
Patna High Court CR. MISC. No.15577 of 2022(2) dt.11-07-2022 3/3 (iv) he shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Jagdish/- U T