Mahesh Lal Uraon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46698 of 2022 Arising Out of PS. Case No.-34 Year-2021 Thana- MANSAHI District- Katihar ====================================================== 1.

Mahesh Lal Uraon S/O Late Rama Uraon R/O Golaghat, Bhakharipur, P.S.- Mansahi, Distt- Katihar.

2.

Krishna Uraon S/O Mahesh Lal Uraon R/O Golaghat, Bhakharipur, P.S.- Mansahi, Distt- Katihar.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 46703 of 2022 Arising Out of PS. Case No.-34 Year-2021 Thana- MANSAHI District- Katihar ====================================================== Sugni Devi @ Butki Devi @ Ghutki Devi W/O Mahesh Lal Uraon R/OGolaghat, Bhakharipur, P.S.- Mansahi, Distt.- Katihar ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 46698 of 2022) For the Petitioner/s :

Mr. Sanjeev Kumar Singh For the Opposite Party/s :

Mr. Umanath Mishra (In CRIMINAL MISCELLANEOUS No. 46703 of 2022) For the Petitioner/s :

Mr. Sanjeev Kumar Singh For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 27-02-2023 Both the criminal miscellaneous petitions have arisen out of same police station case number, hence they are heard together and disposed of by a common order.

Let the defects, if any, pointed out by the office be removed within three weeks from the date of this order, failing

Patna High Court CR. MISC. No.46698 of 2022(4) dt.27-02-2023 2/3 which the matter be listed again under the appropriate heading for necessary action.

Heard learned counsel for the petitioners and learned APPs for the State.

Petitioners seek regular bail in connection with Mansahi P.S. Case No. 34 of 2021, registered for the offences punishable under Sections 302, 120B/34 of the Indian Penal Code. As per the prosecution, the informant's son was strangulated to death by these petitioners and their accomplices. The main submissions advanced by petitioners' learned counsel are that in the FIR no motive on the part of the petitioners to commit the murder of the informant's son has been revealed and only on the basis of suspicion all the petitioners have been made accused and they have fair and clean antecedent and the investigation has been completed against them and the trial has also started and the charges have been framed upon them, during investigation two material witnesses namely, Santosh Sah and Sikandar Uraon have stated that the deceased committed suicide by hanging from a tree and the petitioners Mahesh Lal Uraon and Krishna Uraon have been languishing in jail since 09.04.2021 and petitioner Sugni Devi @ Butki Devi @ Ghutki Devi has been languishing in jail since

Patna High Court CR. MISC. No.46698 of 2022(4) dt.27-02-2023 3/3 31.08.2021.

Learned APPs appearing for the State have opposed the prayers for bail.

Considering the aforesaid facts and mainly the custody period of the petitioners and the statement of two witnesses referred above by petitioners' counsel and also the fact that trial of all the petitioners has started and in the FIR any motive on the part of the petitioners to commit the alleged occurrence has not been revealed by the informant, in my view it is a fit case for bail to the petitioners. Accordingly, let all the petitioners named-above be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Mansahi P.S. Case No. 34 of 2021. (Shailendra Singh, J.) maynaz/- U T