Mahabir Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1564 of 2021 Arising Out of PS. Case No.-25 Year-2020 Thana- IMADPUR District- Bhojpur ====================================================== MAHABIR SINGH Son of Late Ram Nand Singh Resident of Village - West English, P.S. - Imadpur, District - Bhojpur, Ara. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Malti Kumari, Adv.

For the Opposite Party/s :

Mr.Binod Kumar, APP For the Informant : Mr.Madanjeet Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-04-2021 Heard the parties through virtual court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 324, 307, 504/34 of the Indian Penal Code and later on after death of the injured Section 302 of the I.P.C. has also been added. Allegation against the petitioner along with other accused persons is of assaulting the informant and his family member by means of Lathi, Rama and Bricks due to which father-in-law of the informant sustained injury during course of treatment he died.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to land dispute. He further submits that both the parties Gotias. There is case and counter case between the parties. There is general and omnibus allegation against the petitioner.

Patna High Court CR. MISC. No.1564 of 2021(3) dt.09-04-2021 2/2 Learned counsel for the petitioner further submits that the statement of son of the deceased recorded before the police in which witnesses has not supported the prosecution case. Perusal of the case diary in Para 41, there is specific allegation against co-accused Ajeet Kumar assaulted the deceased by Farsa on head and the postmortem report also supported this fact. The petitioner is languishing in judicial custody since 10.05.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition.

Learned APP for the State opposes the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Imadpur P.S. Case No. 25/2020, corresponding to G.R. No. 2016/2020 to the satisfaction of learned Court below where the case is pending.

(Anjani Kumar Sharan, J) amitkumar/- U T