Mahendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34352 of 2017 Arising Out of PS.Case No. -114 Year- 2016 Thana -SIGORI District- PATNA ======================================================

1. Mahendra Singh, Son of Late Girdhari Yadav @ Girdhari Singh, Resident of Village Tikulpar, Police Station Sigori, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kumar Thakur, Adv. Mr. Pravin Kumar, Adv.

For the Opposite Party/s : Smt. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 11-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 20.03.2017 in connection with Sigori P.S. Case No. 114 of 2016 for offences punishable under Sections 147, 148, 149, 341, 323, 325, 324, 307, 386, 354, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case, as lodged by the informant, is that the sand loaded truck used to pass from his and his agnates field and the petitioner used to collect toll illegally and on objection by the informant, the petitioenr along with other co-

accused variously armed with weapons and fire arms assaulted the petitioner side in which five persons received injury. It has been submitted by the learned counsel for the petitioner that he is innocent, and the allegation of using fire arm upon the informant is not substantiated in the injury report and injuries received by the informant side have been found to be simple in nature. He submits that charge-sheet has already been submitted hence, there is no chance of tampering with the prosecution witnesses by the petitioner.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner does not have a clean antecedent.

Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned Judicial Magistrate, 1st Class, Danapur (Patna) in connection with Sigori P.S. Case No. 114 of 2016 subject to the condition that one of the bailors would be a close relative of the petitioner and that petitioner will appear before the learned court below during trial

as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) sushma/- U T