Mritunjay Singh @ Mritunjay Kr. Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.5246 of 2017 (2) dt.17-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5246 of 2017 Arising Out of PS.Case No. -144 Year- 2015 Thana -MATIHANI District- BEGUSARAI ====================================================== MRITUNJAY SINGH @ MRITUNJAY KR. SINGH, S/o Late Upendra Singh, R/o Vill- Sihma-2-Khunt, P.S.- Matihani, Dist- Begusarai. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Matihani P.S. Case No. 144 of 2015 registered for the offences punishable under Sections 447, 385, 387, 307, 504, 506/34 of the Indian Penal Code. Allegedly, the petitioner and two unknown being armed came abusing and searching Ramashish and when the informant protested then the petitioner again abused the informant also and stated that he had demanded Rs. 50,000/- from his father which has not been paid and as such he will not be spared and when the informant again showed his inability then, the petitioner opened 5-6 round firing, any how the informant saved himself and then all the three persons went away after causing threats.

Submission is of false implication and that the petitioner has voluntarily surrendered on 28.11.2016 and since then he is in custody.

Patna High Court Cr.Misc. No.5246 of 2017 (2) dt.17-03-2017 At the time of inspection of place of occurrence no sign of firing was found, no one has been injured but later on 2 empty cartridges have been produced which has been shown to be recovered and as such the petitioner deserves sympathetic consideration. Learned APP opposes the prayer of bail.

In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri S. Oraon, A.C.J.M. III, Begusarai in connection with Matihani P.S. Case No. 144 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T