Patna High CourtCR. MISC./52894/2017disposed

Uma Shankar Mallah And ORS v. The State Of Bihar

2017-11-09Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 52894 of 2017 Arising Out of PS. Case No.-147 Year-2017 Thana- Siswan District- Siwan ======================================================

1. Uma Shankar Mallah son of Kashi Mallah.

2. Jitendra Mallah son of Baijnath Mallah.

3. Suman Singh son of Siya Ram Singh.

All are resident of village Ganjpur P.S. Siswan, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kaushal Kumar Singh For the Opposite Party/s :

Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

09-11-2017 At the very outset, Sri Kaushal Kumar Singh, learned counsel for petitioners, in presence of Sri Dinesh Singh, learned Addl. Public Prosecutor, submits that during pendency of this petition, petitioner no. 1 (Uma Shankar Mallah) and petitioner no. 2 (Jitendra Mallah) have already been arrested and as such, the petition, so far as petitioner no. 1 and 2 is concerned, stands dismissed as same has become infructuous.

It was submitted by learned counsel for the petitioner (Suman Singh) that petitioner has been made accused only on confessional statement of co-accused and except confessional statement, there is no other material to connect him in the present case, whereas, petitioner is having clean antecedent, which fact has been stated in paragraph - 3 of the petition.

Patna High Court Cr.Misc. No.52894 of 2017(2) dt.09-11-2017 2/2 In view of the fact that petitioner has been made accused on confessional statement of co-accused and he is having clean antecedent, in the event of arrest or surrender within a period of six weeks from today, let the petitioner namely Suman Singh, S/o Siya Ram Singh 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 Additional District & Sessions Judge 2nd, Siwan in connection with Siswan P.S. Case No. 147 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure, 1973.

(Rakesh Kumar, J.) anay U T