Mithilesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41946 of 2017 Arising Out of PS.Case No. -198 Year- 2000 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ====================================================== Mithilesh Singh Son of late Janardan Singh Resident of VillageKhedalpura, P.S. Paroo, District Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Singh, Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 18-12-2017 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in connection with Muzaffarpur Sadar P.S. Case No. 198 of 2000 registered for offences punishable under Sections 324, 307, 120B of the Indian Penal Code and Sections 3/ 5 of the Explosive Substances Act. The prosecution case, as lodged by the informant, is that while he along with others had gone to give evidence and after giving evidence in Civil Court, Muzaffarpur was returning, petitioner along with others threw bomb on the jeep on which one Batahu Rai got severely injured.

It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.41946 of 2017 (6) dt.18-12-2017 2/3 petitioner that he is innocent and old man of 66 years and that injury on Batahu Rai has been found to be simple. He submits that the case has already been committed to the Court of Sessions and registered as Sessions Trial No. 753 of 2017 and that some of the accused persons have been granted the privilege of bail by the learned Court below itself. He submits that the petitioner is languishing in judicial custody since 22.06.2017. However, learned APP for the State opposes the prayer for bail.

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/-( Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Muzaffarpur Sadar P.S. Case No. 198 of 2000, subject to the following conditions:

(1) Both the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating their relationship with the petitioner.

Patna High Court Cr.Misc. No.41946 of 2017 (6) dt.18-12-2017 3/3

(2) The 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.) Arjun/- U T