Mithilesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51780 of 2024 Arising Out of PS. Case No.-17 Year-2024 Thana- SARSI District- Purnia ====================================================== Mithilesh Singh Son of Late Yogendra Singh VILLAGE- JIYANGANJ, WARD NO. 13, P.S.- SARSI, DISTT.- PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N. K. Agrawal, Sr. Advocate Mr. Bidhu Ranjan, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 07-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner seeks regular bail in connection with Sarai P.S. Case No. 17 of 2024 dated 18.01.2024, registered under Sections 447, 341, 323, 324, 325, 307, 504/34 of the Indian Penal Code. Later on section 302 of the Indian Penal Code was added.

3.

As per the prosecution case, the accused persons are said to have assaulted the victim on a dispute with regard to taking of liquor. The deceased died after seven days. The opinion of the doctor is that the death has caused due to septic shock, due to intestinal perforations and disease of heart and lungs.

Patna High Court CR. MISC. No.51780 of 2024(2) dt.07-08-2024 2/2 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. There is delay of seven days in lodging the F.I.R. It doesn't appear to be a case of murder. It may be case of culpable homicide not amounting to murder. The petitioner has no criminal antecedent and he is in custody since 19.01.2024.

5.

Learned A.P.P. for the State has opposed the prayer for bail.

6.

Considering the facts and circumstances of the case and also period of custody, this bail application is allowed. 7.

Let the petitioner above named, be granted bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of J.M., 1st Class, Purnea in connection with Sarai P.S. Case No. 17 of 2024.

(Sandeep Kumar, J) Ranjeet/- U T