Maheshwar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15637 of 2018 Arising Out of PS.Case No. -63 Year- 2017 Thana -BELDAUR District- KHAGARIA ======================================================

1. Maheshwar Singh, son of Jagrup Singh, Resident of Village- Sahraun, P.S. Beldaur, District- Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhim Kumar Yadav For the Opposite Party/s : Mr. Sri Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-04-2018 Heard the learned counsels for the parties.

The petitioner seeks bail in anticipation of his arrest in connection with Beldaur P.S. Case No. 63/2017 dated 03.04.2017 instituted for the offences under Sections 341, 323, 325, 307, 504 and 34 of the Indian Penal Code.

The petitioner and others are said to have assaulted the father of the informant for his having deposed in favour of one Bijal Paswan in a case in which the accused persons are facing trial. Learned counsel for the petitioner has submitted that the petitioner was not an accused in the case referred to above and there is a general and omnibus allegation against all the accused persons. The injuries suffered by the father of the informant has been brought on record as Annexure-2 and from looking at the nature of injuries, it does not appear to be a case where any attempt at the life

Patna High Court Cr.Misc. No.15637 of 2018 (2) dt.05-04-2018 2/2 of the father of the informant was made by the accused persons. It has also been submitted that the petitioner does not belong to the same village as that of the informant and others and has been falsely implicated in this case.

Regard being had to the aforesaid facts and also that the petitioner does not bear any criminal antecedent, he is directed to be released on bail, in the event of his surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bond in the sum of Rs. 10,000/- (Ten Thousand), with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Beldaur P.S. Case No. 63/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J.) Rakhi U T