Patna High CourtCR. MISC./37604/2019bail granted

Mantosh Singh @ Matuki Singh v. The State Of Bihar

2019-09-11Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37604 of 2019 Arising Out of PS. Case No.-122 Year-2018 Thana- CHAUSA District- Madhepura ====================================================== Mantosh Singh @ Matuki Singh Son of Banarsi Singh Resident of Village - Lauwalagan Musahri, P.S.- Chausa, Dist.- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner who is in custody since 09.02.2019 has filed the instant application for grant of bail in connection with Chausa P.S. Case No. 122 of 2018 registered for the offence punishable under sections 302 and 34 of the Indian Penal Code. As per the allegation in the FIR, the petitioner is alleged to have taken loan of Rs. 3 lacs from the son of the informant. It is further alleged that the petitioner took away the informant's son in the night of 23.05.2018 and subsequently the dead body of his son was recovered.

It is submitted by learned counsel for the petitioner that at best accepting the allegation made in the FIR, the case against the petitioner is one of last seen, statements of all the witnesses which have been recorded in course of investigation

Patna High Court CR. MISC. No.37604 of 2019(4) dt.11-09-2019 2/2 are hearsay witnesses and the petitioner is in custody since 09.02.2019 The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the fact that at best the case against the petitioner is of last seen, he has no criminal antecedent and is in custody since 09.02.2019, the Court is inclined to enlarge the petitioner on bail. Let the petitioner, above named, be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Udakishunganj, Madhepura in connection with Chausa P.S. Case No. 122 of 2018.

(Partha Sarthy, J) Prakash/- U T