← Library
Patna High CourtCR. MISC./55516/2023allowed

Mahendra Kumar Singh v. The State Of Bihar

2023-10-09Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55516 of 2023 Arising Out of PS. Case No.-183 Year-2021 Thana- GAYA MUFASIL District- Gaya ====================================================== 1.

Mahendra Kumar Singh Son Of Late Sakaldeep Singh, resident of MohallaSiddharthapuri Colony, PS-Muffasil, District Gaya 2.

Nagendra Kumar Singh Son Of Late Sakaldeep Singh Resident Of MohallaJanakpur, Ps- Mufassil, Dist-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar For the Opposite Party/s :

Ms.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-10-2023 Heard learned counsel for the petitioners and learned counsel for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 379, 461, 380, 389, 427, 120(B) of the Indian Penal Code.

3. As per the prosecution case, petitioners along with other co-accused were running a hotel, washing centre and a coaching in the premise of college and Hospital and also occupied rest of the rooms of the said college. The said premises was sealed by the order of the District Magistrate in the year 2000.

4. It is submitted by the counsel for petitioners that petitioners have been falsely implicated in this case. Petitioner no. 1 has got three criminal antecedents and petitioner no. 2 has

Patna High Court CR. MISC. No.55516 of 2023(2) dt.09-10-2023 2/2 got one criminal antecedent and all the cases have been filed by the complainant and his manager and in all those cases petitioners are on bail, as stated in para 3 of the bail application. It is further submitted that similarly situated co-accused persons have been granted bail by a coordinate Bench of this court vide order dated 13.09.2022 passed in Cr. Misc. No. 64258 of 2021, Cr. Misc. No. 66331 of 2021 and Cr. Misc. No.67821 of 2021 vide Annexure-2.

5. learned APP for the State vehemently opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, let the petitioners above-named, be released on bail, in the event of their arrest or surrender before the court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Muffasil P.S. Case No. 183 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) vinita/- U T