Mahendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19477 of 2025 Arising Out of PS. Case No.-296 Year-2024 Thana- CHENARI District- Rohtas ====================================================== Mahendra Singh Son of Hardeo Singh Resident of Village - Newras, P.S. - Kudra, District - Kaimur (Bhabhua) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajani Kant Singh, Advocate For the Opposite Party/s :
Mr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 08-05-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Chenari P.S. Case No. 296/2024 registered for the offences under Sections 126(2), 109(1) and 61(2) of B.N.S. and Section 27 of the Arms Act.
3. The prosecution case in nutshell is that an FIR has been instituted alleging therein that two unknown persons came on motorcycle and one of the them fired from a country made katta which hit on the right side of the chest of the informant. The informant was then taken to the Primary Health Center, Chenari and thereafter for better treatment, he was referred to the Sadar Hospital, Sasaram. The FIR states that due to earlier dispute between the informant and his cousin brothers namely
Patna High Court CR. MISC. No.19477 of 2025(2) dt.08-05-2025 2/3 Mahendra Singh (petitioner) and Umesh Singh, the said two cousins were instrumental in attack on the informant with an intention to kill him.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to long drawn dispute between the two families for which initially the petitioner and his father had lodged criminal cases against the informant and others and there is a title suit pending between the parties. Though in the confessional statement of one co-accused Badelal Ram @ Rakesh Kumar it has come that the it was the petitioner and his brother who were instrumental in hiring the criminals who then tried to kill the informant, however, the said Badelal Ram @ Rakesh Kumar has already been granted bail by the learned court below. Learned counsel further submits that nothing has been recovered from the conscious possession of the petitioner. It is lastly submitted that though the petitioner has three criminal antecedents, he is languishing in custody since 11.01.2025.
5. Learned counsel for the State has opposed the prayer for bail of the petitioner and submits that there is allegation against the petitioner and his brother that they have conspired to kill the informant.
Patna High Court CR. MISC. No.19477 of 2025(2) dt.08-05-2025 3/3
6. Considering the aforesaid facts and circumstances of the case and taking into account that nothing has been recovered from the conscious possession of the petitioner and during the course of investigation nothing has been collected to support the confessional statement of the co-accused Badelal Ram @ Rakesh Kumar, let the petitioner above-named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Judge-VII-cum-A.C.J.M., Sasaram, District-Rohtas in connection with Chenari P.S. Case No. 296/2024.
(Sourendra Pandey, J) tusharika/- U T