Mahendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12604 of 2016 Arising Out of PS.Case No. -556 Year- 2015 Thana -KRITYANAND NAGAR District- PURNIA ======================================================

1. Mahendra Singh Son of Late Kabai Singh of village - Orela, P.S. K. Nagar ( Sri Nagar ), District - Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamal Kishore Jha For the Opposite Party/s : Mr. U.S.P Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 06-05-2016 Heard the learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner seeks bail in connection with K. Nagar (Sri Nagar) P.S. Case No. 556 of 2015 registered for the offences punishable under Sections 147, 148, 149, 341, 323 and 302 of the Indian Penal Code.

Allegedly, the petitioner and other 11 accused persons named in the First Information Report being armed with lathi and danda came, started abusing and assaulting Rajendra Mandal, the husband of the informant and when the family members and informant came for rescue, they were also assaulted by them. During treatment, Rajendra Mandal died. Submission is of false implication and that there is no specific allegation against the petitioner, the allegation is

Patna High Court Cr.Misc. No.12604 of 2016 (3) dt.06-05-2016 2/2 general and omnibus in nature, other co-accused Gopal Singh, Chandeshwari Singh, Vijay Singh, Ajit Kumar, Ranjeet Singh, Bindu Singh and Anand Mohan Singh having similar allegation have been allowed pre-arrest bail vide Criminal Miscellaneous No. 13141 of 2016 passed by another co-ordinate Bench of this Court and the petitioner is suffering in custody since 03.12.2015, having no criminal antecedent.

The learned A.P.P. fairly submits that other similarly situated co-accused have been allowed pre-arrest bail. In the facts and circumstances stated above, the petitioner, above named, is also 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 the learned Sub Divisional Judicial Magistrate, Purnia in connection with K. Nagar (Sri Nagar) P.S. Case No. 556 of 2015, 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) ajaypd./- U T