Mukesh Kumar Singh @ Mukesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24216 of 2022 Arising Out of PS. Case No.-141 Year-2019 Thana- BAUSI District- Araria ====================================================== MUKESH KUMAR SINGH @ MUKESH SINGH Son of Baiju Singh Resident of village - Chauhan Tola Ward No.- 03 Basethi, P.S.- Bousi, District - Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-01-2023 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 302 and other sections of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that on the son of the informant going to catch fishes in the bandh, the informant's devar and other accused persons including the petitioner herein came variously armed with iron rod, arrow, fatta etc. and assaulted the informant's son leading to his death.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The manner of occurrence is other than what has been narrated in the

Patna High Court CR. MISC. No.24216 of 2022(5) dt.12-01-2023 2/2 F.I.R. The post-mortem report does not support the allegations levelled in the F.I.R. The case of the petitioner stands on a similar footing to that of two other accused namely Baiju Singh and Dhiresh Singh who have been enlarged on bail vide order contained in Annexure-3. The petitioner is in custody since 8.3.2022 and has no criminal antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made, the material that has transpired in course of investigation including the postmortem report together with grant of bail to the above mentioned two accused, the petitioner having remained in custody since 8.3.2022 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Bousi P.S. Case no.141 of 2019 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 Additional Chief Judicial Magistrate 1st, Araria. (Partha Sarthy, J) Saurabh/- U T