Mahendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37945 of 2015 Arising Out of PS.Case No. -83 Year- 2013 Thana -BHABHUA District- BHABHUA (KAIMUR) ======================================================
1. Mahendra Singh Son of Late Khedu Singh Resident of village - Mokari, P.S. Bhabua, District - Kaimur ( Bhabua ) .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kumar Sunil, Advocate For the Opposite Party/s : Mr. Dilip Kumar(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 02-09-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is languishing in custody since 14.07.2015 in a case registered for the offences punishable under Sections 341, 342, 323, 325, 307/34, 120B, 302 of the Indian Penal Code.
The prosecution case is that informant's husband Aurangzeb Alam @ Golden was found missing on 19.02.2013. During course of inquiry, informant came to know that he was taken away by Guddu Singh and Laxman Singh along with others over motorcycle. Subsequently thereof, informant came to know that somebody had carried her husband to hospital in an injured condition. She rushed and found her husband in injured condition, who was unable to speak. Two mobiles sets were also produced by the hospital staff which were handed
Patna High Court Cr.Misc. No.37945 of 2015 (2) dt.02-09-2015 over by the said person who brought the injured-husband to the hospital.
It has been submitted by the learned counsel for the petitioner that petitioner has not been named in the First Information Report and his name surfaced because his mobile phone was found near the deceased Auranzeb Alam @ Golden. It has further been submitted by the learned counsel that Sanha has been filed by the petitioner before the Officer-incharge, Bhabhua Police Station regarding his mobile being lost. It has further been submitted that the named accused i.e. Laxman Singh and Guddu Singh have been granted privilege of bail by a Co-ordinate Bench of this Court vide Cr. Misc. No. 22616 of 2014 dated 11.06.2014 and Cr. Misc. No. 28101 of 2014 dated 04.09.2014 respectively.
Under such circumstances, 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 learned Chief Judicial Magistrate, Kaimur, Bhabua in connection with Bhabua P. S. Case No. 83 of 2013.
(Nilu Agrawal, J) P.K./- U T