Sintu Mehra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33878 of 2021 Arising Out of PS. Case No.-62 Year-2019 Thana- BARHARA KOTHI District- Purnia ====================================================== SINTU MEHRA, S/o Late Badri Mehra Resident of Village- Pakilpar, P.S.- Bihariganj, District- Madhepura.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Ms. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-12-2021 Heard the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Sessions Trial No.92 of 2020 arising out of Barhara (Raghubanshpur) P. S. Case No.62 of 2019, instituted for the offences under Sections 302, 120B, 34 of the Indian Penal Code and Section 27 of the Arms Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 12.11.2020 and chargesheet has been submitted in this case. The learned counsel for the petitioner further submits that the allegation in the F.I.R. as alleged by the informant is that informant alleges that 08 named accused

Patna High Court CR. MISC. No.33878 of 2021(2) dt.13-12-2021 2/3 persons and 10-15 unknown persons killed the brother of the informant, who had seen the occurrence of killing of his cousin brother by the accused persons.

The learned counsel for the petitioner submits that though the petitioner is named in the F.I.R., but no overt act has been alleged against him. The learned counsel for the petitioner further submits that similarly situated co-accused Vinod Yadav has been granted bail by order dated 25.01.2021 in Cr. Misc. No.35910 of 2020 Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody since 12.11.2020, charge-sheet has been submitted in this case and similarly situated co-accused has been granted bail along with other accused persons as detailed in the bail petition, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional District and Sessions Judge, Purnea in connection with Sessions Trial No.92 of 2020 arising out of Barhara (Raghubanshpur) P. S. Case No.62 of 2019, with a

Patna High Court CR. MISC. No.33878 of 2021(2) dt.13-12-2021 3/3 condition that in the event, if the petitioner for two consecutive dates does not appear in the trial, the learned Court below will be at liberty to cancel his bail bonds. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T