Mintu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13587 of 2016 Arising Out of PS.Case No. -140 Year- 2015 Thana -AURAI District- MUZAFFARPUR ====================================================== Mintu Kumar Singh S/o Awadh Kishore Singh R/o Village Basant PS Aurai, District Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ganjendra Kumar Singh For the Opposite Party/s : Mr. Ambika Bhagat(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is accused in connection with Aurai P.S. Case No. 140 of 2015 registered under Sections 302/34 of the I.P.C. and section 3(ii)(v) of the S.C./S.T. Act. The accusation is that husband of the informant was called by 6 accused persons, including the petitioner and after committing murder his dead body was thrown near the Railway Track. The cause of occurrence is shown 10 days prior to the occurrence that co-accused Awadh Kishore Singh, father of the petitioner, refused to give grains to the deceased, husband of the informant, and also caused assault, regarding which the deceased had given application before the Police and thereafter, accused

Patna High Court Cr.Misc. No.13587 of 2016 (2) dt.06-04-2016 2/2 persons threatened him for dire consequences. Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that informant is not an eye witness of the occurrence and mere on suspicion, petitioner has been made accused in this case. It is also submitted that petitioner has no criminal antecedent and is in custody since 19.11.2015. Further submission is that co-accused Vidyaman Kumar Singh, brother of the petitioner, has already been allowed bail by this Court vide Cr. Misc. No. 2551 of 2016 on 16.03.2016.

Having considered the facts and circumstances of the case, let the above named petitioner 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 District and Sessions Judge-cum-Special Judge-XI, S.C/S.T Act, Muzaffarpur in connection with Aurai P.S. Case No.140 of 2015. (Rajendra Kumar Mishra, J) Shail/- U T