Mithilesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37573 of 2019 Arising Out of PS. Case No.-82 Year-2014 Thana- BRAHMPURA District- Muzaffarpur ====================================================== MITHILESH SINGH S/o Late Awadhesh Singh @ Late Awadesh Prasad Singh R/o village- Nawada, P.S.- Saraiya, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-07-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Brahampura P. S. Case No. 82 of 2014 instituted for the offence under Section(s) 302/34 and Section 27 of the Arms Act.

Learned counsel for petitioner submits that petitioner is not named in the written report.

In the written report, it is alleged that informant got information on a mobile that her son Md. Islam @ Akash Raj has been shot dead at Lakshmi Chowk by 3-4 unknown persons. The informant reached and brought her son for treatment at S.K.M.C.H., Muzaffarpur where he was declared dead.

Case diary has been received.

Patna High Court CR. MISC. No.37573 of 2019(3) dt.25-07-2019 2/2 The name of this petitioner has come during investigation in the confessional statement of co-accused Mithu Ram.

Learned APP, after looking into the case diary, submits that besides the aforesaid confessional statement there is no allegation of any specific overt act against this petitioner. It has further been submitted that co-accused Mithu Ram has already been granted bail by co-ordinate Bench of this Court vide order passed in Cr. Misc. no. 47502 of 2015 Petitioner is in custody since 9.4.2019.

Considering the aforesaid, let the petitioner, above named, 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 the I/C CJM, Muzaffarpur in connection with Brahampura P. S. Case No. 82 of 2014 subject to the condition that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/- U T