Mahesh Singh @ Mahesh Kumar Singh @ Mahesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39625 of 2021 Arising Out of PS. Case No.-61 Year-2021 Thana- BIHTA District- Patna ====================================================== MAHESH SINGH @ MAHESH KUMAR SINGH @ MAHESH KUMAR Son of Late Ram Babu Singh R/o Village- Babhanlai, P.S.- Bihta, DistrictPatna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Samrendra Kumar Jha For the Opposite Party/s :
Mr.Tarun Prasad Mandal Mr. Kamlesh Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-11-2021 Heard learned counsel for the petitioner, the State and the informant.
Petitioner seeks regular bail in a case registered for the offence punishable under Section 302 and some other ancillary Sections of the Indian Penal Code.
As per the prosecution case, this petitioner along with other FIR named accused persons are alleged to have assaulted the informant with Lathi and iron rod as a result of which he died.
Learned counsel appearing for the petitioner submits there is general and omnibus allegation against this petitioner and no specific overt act has been alleged against him. Moreover, in this case doctor found only one injury caused by
Patna High Court CR. MISC. No.39625 of 2021(3) dt.17-11-2021 2/2 hard and blunt object but as per FIR allegation of assault is against all the accused persons. There is case and counter case in which both sides sustained injuries. Petitioner claims clean antecedent and is in custody since 27.01.2021 and investigation in this case is complete.
Learned counsel appearing for the State and the informant opposed the prayer for bail and submitted that petitioner also actively participated in the alleged occurrence. Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Danapur, Patna in connection with Bihta PS case No.61/2021. (Prabhat Kumar Singh, J) BKS/- U T