Mahendra Pal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17410 of 2019 Arising Out of PS. Case No.-84 Year-2018 Thana- AKHODHIGOLA District- Rohtas ====================================================== Mahendra Pal, Son of Sri Bhagwat Pal Resident of Village - Saleyan, P.S.- Akorhigola, District - Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arjun Prasad For the Opposite Party/s :
Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-03-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is languishing in custody since 20.08.2018 in a case registered for the offences punishable under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution case, as per the written report of Sita Devi submitted to the Station House Officer of Akorhi Gola Police Station, is to the effect that on 19.04.2018 at 5.30 P.M., the husband of the informant was going to attend Tilak ceremony by his motorcycle to village Pyarepur when at 6.00 P.M., the informant received information that someone has shot her husband then the informant went to the place where she found her husband in unconscious position and bleeding injury on his neck. Thereafter, the husband of the informant was taken
Patna High Court CR. MISC. No.17410 of 2019(2) dt.28-03-2019 2/3 to the PHC, Karkatpur where on enquiry by the police officer, the husband of the informant disclosed the name of the shooter as Shivbachan Ram by written on a paper. Earlier the husband of the informant lodged Sanha with regard to the threats given to him. The petitioner's name sprang up during investigation as the person who earlier gave life threat to the husband of the informant.
It is submitted by learned counsel for the petitioner that only on the basis of suspicion, the petitioner has been roped in the present case. The victim suggested the name of the shooter, co-accused Shivbachan Ram, who has been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 18.09.2018 passed in Cr. Misc. No. 56436 of 2018 whereas co-accused Bijendra Singh and Manoj Singh have been granted bail by another Co-ordinate Bench of this Court vide order dated 09.10.2018 passed in Cr. Misc. No. 57686 of 2018. Learned APP submits that the name of the petitioner sprang up during investigation as the person who used to give threat to the husband of the informant.
Considering the circumstantial nature of accusation, period under custody and the investigation has already been concluded, let the above named petitioner be released on bail,
Patna High Court CR. MISC. No.17410 of 2019(2) dt.28-03-2019 3/3 on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Dehri, District - Rohtas in connection with Akorhi Gola P.S. Case No. 84 of 2018.
Since the petitioner is having criminal antecedent, the learned Court below will be at liberty to cancel the bail bonds of the petitioner in two eventualities; if the petitioner defaults for two consecutive occasions or gets involved in some serious nature of offence.
(Dinesh Kumar Singh, J) DKS/- U T