Mahendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28214 of 2024 Arising Out of PS. Case No.-182 Year-2023 Thana- PASRAHA District- Khagaria ====================================================== Mahendra Singh son of Late Kokai Singh Village- Mahaddipur PS- Pasraha Distt- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amar Kumar Singh, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Sessions Trial No.70 of 2024, arising out of Pasraha P.S. Case No. 182 of 2023, lodged on 08.07.2023, under Sections 302/342/323/34/120B of the Indian Penal Code.

3. As per the prosecution, there are thirteen named accused persons in the FIR against whom there is allegation that they had surrounded the informant's mother and brutally assaulted due to which she died on the spot. The cause of dispute assigned in the FIR that the informant's father and uncle were also murdered by the same accused persons along with others for which another Pasraha P.S. Case No.39 of 2014 was

Patna High Court CR. MISC. No.28214 of 2024(3) dt.10-07-2024 2/3 lodged.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Counsel submits that the petitioner is an old aged person of about 76 years. He submits that from the bare reading of the FIR, it transpires that he is merely order giver. There is no act and overt-act upon him. He submits that there is one criminal case pending against him, in which he is on bail. Counsel submits that in the present case petitioner is in custody since 10.07.2023. He is ready to fulfill all the conditions whatsoever imposed by the Court.

5. Learned counsel for the State opposes the prayer for bail and submits that the petitioner appears to be the habitual offender. He is a convicted person of murder case and again in the present case allegation of murder is there.

6. Learned counsel for the informant vehemently opposes the prayer for bail of the present petitioner. He submits that the present petitioner along with others have killed three family members of the informant and if he shall be released definitely he shall be kill other members. He submits that in the FIR everything has been narrated. He also submits that in the earlier criminal case in which the informant's father and uncle

Patna High Court CR. MISC. No.28214 of 2024(3) dt.10-07-2024 3/3 were murdered. The petitioner was convicted but in the Criminal Appeal by the order of this Hon'ble Court dated 03.08.2022 passed in Cr. Appeal (DB) No.1446 of 2019, the petitioner was released on bail and after releasing on bail he has committed the present offence in which the informant's mother was killed. He submits that mother of the informant was killed only due to the reason that she was contesting the case and petitioner and others used to put pressure to compromise for which informant's mother was not ready.

7. It transpires to this Court that the action of the petitioner is brutal even if he is aged about 76 years.

8. In this background, this Court is not inclined to grant bail to the petitioner. Hence, the prayer for bail of the petitioner is hereby rejected.

(Dr. Anshuman, J) Mkr./- U