Khur Khur Singh @ Mithilesh Kumar @ Mithilesh Singh @ Kur Kur Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.3151 of 2017 Arising Out of PS.Case No. -170 Year- 2014 Thana -MAHUA District- VAISHALI(HAJIPUR) ====================================================== KHUR KHUR SINGH @ MITHILESH KUMAR @ MITHILESH SINGH @ KUR KUR SINGH S/O Nealal Singh, resident of village Rasulpur Ousty, P.S. Mahua, District Vaishali at Hajipur. .... .... Appellant/s

Versus

The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Dilip Kumar Roy For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-11-2017 Heard the parties.

The appellant seeks pre arrest bail in connection with Mahua P.S.Case no.170 of 2014 registered for offences punishable under Sections 147, 149, 447, 341, 323,509 and 307 of the Indian Penal Code and section 3(v)(viii)(x) of SC/ST (Prevention of Atrocities) Act.

Allegation as per FIR is that accused persons including the appellant has held panchayati to pacify the dispute. Submissions of the learned counsel for the appellant is that there is nothing against the appellant except that he has held panchayati and there is no specific allegation against the appellant.

Heard learned Special P.P. also, who could not controvert the above submission.

Patna High Court CR. APP (SJ) No.3151 of 2017 (2) dt.13-11-2017 2/2 Having considered both sides and in view of the submission, let the appellant in the event of arrest or surrender before the court of Special Judge within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Vaishali at Hajipur in connection with Mahua P.S.Case no.170 of 2014 subject to conditions as laid down under Section 438 (2) of Cr.P.C. after setting aside the order dated 20.11.2015 passed by Sessions Judge, Vaishali at Hajipur in A.B.P.No.3059 of 2015 in Mahua P.S.Case No.170 of 2014, subject to further conditions that appellant will co-operate in investigation of the case and will appear before the Investigating Officer as and when required, failing which his bail bond shall be liable to be cancelled.

With the above observation, this appeal is allowed. (Vinod Kumar Sinha, J) chn/- U T