Mahendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46981 of 2017 Arising Out of PS.Case No. -25 Year- 2017 Thana -PARSAUNI District- SITAMARHI ======================================================

1. Mahendra Kumar, S/o Late Ram Kumar @ Ram Kumar Mahto, Resident of Village- Parsauni Nilami Tola, P.S.- Parsauni, District- Sitamarhi. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manendra Kumar Sinha For the Opposite Party/s : Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-11-2017 The petitioner seeks pre arrest bail in connection with Parsauni P.S. Case No. 25 of 2017, registered for offences punishable under Sections 302/34 of Indian Penal Code and section 27 of the Arms Act.

Allegation against the petitioner that he along with others came on darwaza of the informant and on the order of the petitioner, other accused persons fired on the husband and devar of the informant causing their death and it further appears that earlier a land dispute was decided in favour of the informant and due to which the present occurrence took place.

It has been submitted on behalf of the petitioner that petitioner is not the assailant in this case rather he can be said to be only order giver and further though it has been mentioned in

Patna High Court Cr.Misc. No.46981 of 2017 (4) dt.08-11-2017 2/2 the impugned order that he is accused in five more cases but he is accused in only one case and he has been in judicial custody since 02.05.2017.

Learned counsel for the State opposed the prayer for bail and submitted that this is a case of double murder and petitioner also has criminal antecedent.

Having heard both sides, considering the fact and circumstances of the case and nature of allegation, at this stage, I am not inclined to release the petitioner on bail rather this application is disposed of with direction to the court below to release the petitioner on bail to his own satisfaction once charge is framed in this case.

(Vinod Kumar Sinha, J) sunil/- U T