Mukesh Singh @ Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58517 of 2021 Arising Out of PS. Case No.-217 Year-2019 Thana- MASHRAK District- Saran ====================================================== 1.
Mukesh Singh @ Mukesh Kumar Son Of Arvind Singh Resident Of Village - Kawalpura, Mathiya, P.S.- Mashrakh, District - Saran. 2.
Sudhir Singh @ Sudhir Kumar Singh @ Dhanu Singh Son of Arvind Singh Resident of Village - Kawalpura, Mathiya, P.S.- Mashrakh, District - Saran. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharda Nand Mishra For the Opposite Party/s :
Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2022 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 341, 302, 323, 504, 506 of the Indian Penal Code.
The prosecution case as per F.I.R is that son of the informant Shambhu Rai had gone along with his friends to village Mathiya for seeing a marriage ceremony where a dispute arose for sitting on the chair. It is alleged against the petitioners and others that they
Patna High Court CR. MISC. No.58517 of 2021(5) dt.15-09-2022 2/3 assaulted son of the informant with lathi, danda. In the next morning, the son of the informant was lying dead. It is submitted by learned counsel for the petitioners that petitioners have falsely been implicated in this case. There is no eye witness of the occurrence and only on the basis of suspicion, the petitioners have been roped in the present case. There is general and omnibus allegation against the petitioners. On spur of the moment, the sad incidence happened in the marriage ceremony. Moreover, the witnesses, in para 19, 20, 21 and 22 of the case diary have not supported the case in respect of the complicity of these petitioners in killing of the son of the informant.
In the facts and circumstance of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.58517 of 2021(5) dt.15-09-2022 3/3 satisfaction of learned Additional Chief Judicial Magistrate, VI, Saran at Chapra in connection with Mashrakh P.S. Case No. 217 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Sunil Kumar Panwar, J) Shageer/- U T