Mahesh Singh @ Mahesia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27770 of 2016 Arising Out of PS.Case No. -25 Year- 2016 Thana -SITAMARHI District- SITAMARHI ====================================================== Mahesh Singh @ Mahesia, son of Sri Ram Ekbal Singh, Resident of Village- Ranjitpur Koari, P.S and District- Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 15-07-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Sitamarhi P.S. Case No.25 of 2016/Sessions Trial No.184 of 2016 registered under Sections 353 and 307 of the Indian Penal Code besides Sections 25(1-b)a, 26 and 27 of the Arms Act. The accusation is that the police, on receiving information about concealing of the petitioner in Mohalla-Gaushala, P.S. and District-Sitmarhi, reached there. On seeing the police party, the petitioner started to flee away. Thereafter, when the police started to chase the petitioner, he made firing upon the police party but, anyhow, he was apprehended alongwith one country made pistol

Patna High Court Cr.Misc. No.27770 of 2016 (2) dt.15-07-2016 2/2 and live cartridge.

Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that no one sustained injury nor any fired cartridge was recovered on the spot. The police after apprehending the petitioner in this case, remanded the petitioner in five other cases, as detailed in paragraph-3 to this application, in which the petitioner is not named in the F.I.R. The petitioner, in the present case, is in custody since 09.01.2016. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri K.K. Sinha, Additional Sessions Judge-III, Sitamarhi, in connection with Sitamarhi P.S. Case No.25 of 2016/Sessions Trial No.184 of 2016.

Out of the two sureties, one must be close relative of the petitioner, who will file an affidavit giving genealogy as to how he/she is related with the petitioner. The bailors will undertake to furnish information to the court about any change in the address of the petitioner.

(Rajendra Kumar Mishra, J) P.S./- U T