Mohan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27191 of 2019 Arising Out of PS. Case No.-125 Year-2014 Thana- SALAKHUA District- Saharsa ====================================================== Mohan Singh Son of Anandi Singh Resident of Village-Kabira Bind Toli,Ward No.2,P.S.-Salkhua, O.P.-Chiraiya, District-Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 25-04-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 302/201/34 of the Indian Penal Code.

It is submitted on behalf of the petitioner that the case against the petitioner has been lodged on the basis of mere suspicion and actually the entire allegation against him is frivolous. It is further submitted on behalf of the petitioner that there is no eyewitness to the occurrence and it is merely on the basis of speculation that the allegation against the petitioner has been made. It is submitted that the petitioner and others is general and omnibus and no specific act can be

Patna High Court CR. MISC. No.27191 of 2019(2) dt.25-04-2019 2/2 attached to the petitioner in the commission of the said offence. Some other co-accused have been allowed bail by different coordinate Benches of this Court vide Annexure-2 series.

Considering the aforesaid submission and also the fact that the petitioner has no criminal antecedent, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Salakhua P.S. Case No.125 of 2014, with condition that petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T