Mathura Singh @ Mathura Prasad Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49033 of 2022 Arising Out of PS. Case No.-153 Year-2022 Thana- BIKRAM District- Patna ====================================================== Mathura Singh @ Mathura Prasad Singh, male, aged about 48 years, S/O Ramsewak Rai, Resident of village- Painapur, P.S.- Bikram, District- Patna ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Prem Ranjan Kumar, Adv.
For the Opposite Party :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 09-12-2022 This matter has been taken up today for consideration through video conferencing.
Heard learned counsel for the petitioner, learned counsel for the informant and the learned APP for the State. The petitioner seeks bail in connection with Bikram P.S. Case No. 153/2022 dated 02.04.2022 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 448, 504 of the Indian Penal Code.
Learned counsel for the petitioner submits that as per allegation in the F.I.R., the informant and his sons have sustained injuries in assault perpetrated by all the accused persons, including the petitioner.
The learned counsel for the petitioner submits that specific allegation of assault is alleged against co-accused
Patna High Court CR. MISC. No.49033 of 2022(2) dt.09-12-2022 2/3 Dhirendra @ Dhiraj. There is general and omnibus allegation against the petitioner. Therefore, the petitioner cannot in any manner be connected with the grievous injuries sustained by the informant or his son. The petitioner has no criminal antecedents. It is a case of false implication. It is further submitted that coaccused have been allowed bail in Cr. Misc No. 46105 of 2022 on 06.12.2022.
Petitioner is in custody since, 02.05.2022.
Learned counsel for the informant as well as learned APP for the State has opposed the prayer for bail. They have submitted that the victims sustained grievous injury. Considering the rival submissions, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.
Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Danapur (Patna), in connection with Bikram P.S. Case No. 153/2022 subject to the following conditions:- (i) That one of the bailors will be a close relative of the
Patna High Court CR. MISC. No.49033 of 2022(2) dt.09-12-2022 3/3 petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii)That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) Raj kishore/- U