Mohan Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.3572 of 2016 (3) dt.17-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3572 of 2016 Arising Out of PS.Case No. -41 Year- 2014 Thana -PURAINI District- MADHEPURA ======================================================

1. Mohan Singh Son of Late Manik Singh, Resident of Village - Ganeshpur Diyara, Police Station - Puraini, District - Madhepura. .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Raja Surendra Mohan For the Opposite Party/s : Mr. Subash Chandra Mishra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-03-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Puraini P.S. Case No. 41 of 2014 registered for the offences punishable under Sections 364, 302, 201, 120B/34 of the Indian Penal Code. Allegation against the petitioner is that there was land dispute between the petitioner and the deceased husband of the informant and the petitioner has caused threats and accordingly, it is alleged that the petitioner and other co-accused killed the husband of the informant.

Submission is of false implication and that the petitioner has got no criminal antecedent, except suspicion there is nothing against the petitioner, there is no direct evidence against him, the main allegation is against co-accused Rani Devi who allegedly, called the deceased and then the deceased went to the

Patna High Court Cr.Misc. No.3572 of 2016 (3) dt.17-03-2016 house of Rani Devi, in this case other co-accused having similar allegation have already been allowed bail and as such the petitioner also deserves sympathetic consideration to which learned APP does not dispute.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Pradeep Kumar Choudhary, J.M. Ist Class, Udakishunganj, Madhepura in connection with Puraini P.S. Case No. 41 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T