Mithilesh Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.37376 of 2017 (3) dt.28-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37376 of 2017 Arising Out of PS.Case No. -89 Year- 2016 Thana -BHAWANIPUR District- PURNIA ======================================================

1. Mithilesh Singh S/o Hari Mohan Singh, Resident of Village-Karmanchk P.S.-Bhawanipur (Balia), District-Purnia .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Sri Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-08-2017 Counsel for the petitioner is permitted to make necessary correction in prayer portion of the original bail petition in course of the day.

Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Bhawanipur (Balia O.P.) P.S. Case No. 89 of 2016 corresponding to Sessions Trial No. 275 of 2017 instituted for the offence under Sections-302/34 of the Indian Penal Code.

Counsel for the petitioner has submitted that there is allegation in the written report that this petitioner along with 7 accused persons committed murder of husband of the informant. The other accused persons namely, Bipin Singh has been granted bail by coordinate benches of this court vide orders dated 10-02-

Patna High Court Cr.Misc. No.37376 of 2017 (3) dt.28-08-2017 2017 passed in Cr. Misc. No. 2930 of 2017. The case of this petitioner stands on better footing to that of co-accused, who has been granted bail by a coordinate bench of this court as the witnesses, whose statements have been recorded in paragraphs-8, 9, 10, 11, 20 and 21 of the case diary, have not taken the name of the petitioner. It has further been submitted that the independent witnesses at paragraphs- 45 & 46 have also not taken the name of this petitioner in the aforesaid occurrence.

In such circumstances, prayer for bail is allowed. The petitioners named above are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bhawanipur (Balia O.P.) P.S. Case No. 89 of 2016 corresponding to Sessions Trial No. 275 of 2017 to the satisfaction of learned Additional District & Sessions Judge-III, Purnea subject to condition that both the bailors should be close relative of the petitioner. (Sanjay Priya, J) A.K.V./- U T