Mukesh Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13161 of 2017 Arising Out of PS.Case No. -87 Year- 2016 Thana -MATIHANI District- BEGUSARAI ======================================================

1. Mukesh Singh,

2. Rajdeo Singh. Both sons of Baikunth Singh.

3. Chandan Singh, Son of Kishori Singh. All resident of Village Khorampur, P.S. Matihani District- Begusarai. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Rai Mukesh Sharma, Advocate For the Opposite Party/s : Mr. Sri Ramchandra Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-04-2017 Heard learned counsel for the petitioners and learned A.P.P. representing the State.

The petitioners seek bail in connection with Matihani P.S. Case No. 87 of 2016 registered for the offence punishable under Sections 302/34 of the Indian Penal Code. Allegedly, the petitioners along with seven named accused persons and 3-4 unknown assaulted the brother of the informant with Farsa and Khanti on his neck resulting he died. Submission is of false implication and that there is no specific allegation against the petitioners. The petitioners are in custody since 01.09.2016. Similarly, situated co-accused Baikunth Singh has been allowed bail vide Criminal Miscellaneous No. 7867 of 2017 and, as such, the petitioners also deserve sympathetic consideration.

Patna High Court Cr.Misc. No.13161 of 2017 (3) dt.17-04-2017 2/2 The learned A.P.P. submits that in the post mortem report Doctor has found only one sharp cut injury on the neck of deceased.

In the facts and circumstances as stated above, considering that similarly situated co-accused Baikunth Singh has been allowed bail and, as such, the petitioners above named are also directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-III, Begusarai in connection with Matihani P.S. Case No. 87 of 2016, subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

(Jitendra Mohan Sharma, J) Vats/- U T