Mohan Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.37850 of 2016 (2) dt.20-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37850 of 2016 Arising Out of PS.Case No. -181 Year- 2016 Thana -LAHERIASARAI District- DARBHANGA ======================================================

1. Mohan Singh Son of Kripa Shankar Singh Resident of Village: Shapur, P.S. Shapur, District Ara Bhojpur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-09-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Supplementary affidavit has been filed on behalf of the petitioner disclosing the criminal antecedent of the petitioner and further annexing the copy of order dated 08.09.2016 passed in Cr. Misc. No. 30812 of 2016 which has been taken on record. The petitioner seeks bail in connection with Laheriasarai P.S. Case No. 181 of 2016 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302, 120B of the Indian Penal Code.

Allegedly, the son of the informant was stabbed by some FIR named accused persons due to old enmity and he died in course of treatment.

Submission is of false implication and that the petitioner is in custody since 02.05.2016, chargesheet has been

Patna High Court Cr.Misc. No.37850 of 2016 (2) dt.20-09-2016 submitted against the petitioner, there is no allegation of tampering with witnesses, general and omnibus allegation has been levelled against him, similarly situated co-accused Gautam Kumar Singh @ Gautam Singh @ Jonty has been allowed bail by another co-ordinate Bench of this Court vide Cr. Misc. No. 30812 of 2016 and, as such, he deserves sympathetic consideration to which learned APP fairly submits that co-accused has been allowed bail.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Laheriasarai P.S. Case No. 181 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T