Patna High CourtCR. MISC./59470/2021bail granted

Mithilesh Rai @ Mithilesh Kumar Rai @ Mithlesh Rai v. The State Of Bihar

2022-04-12Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59470 of 2021 Arising Out of PS. Case No.-577 Year-2019 Thana- MAHUA District- Vaishali ====================================================== Mithilesh Rai @ Mithilesh Kumar Rai @ Mithlesh Rai S/o Shri Harendra Rai Resident of Village- Govindpur, P.S.- Mahua, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivam For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-04-2022 Heard both parties.

The petitioner seeks bail in Mahua P.S. Case No. 577 of 2019, registered for the offence punishable under Sections 302, 307 and other allied sections of the Indian Penal Code. As per the prosecution case, on 07.10.2019 at 4.00 pm while the father of informant was returning from Govindpur fair he saw that petitioner and other accused persons were assaulting his son. When informant's father went to rescue him, all the accused persons brutally assaulted him as a result of which he succumbed to the injuries during course of treatment. It is submitted on behalf of the petitioner that from bare perusal of FIR, it is apparent that there is general and omnibus allegation against all the eight accused persons including petitioner and no specific overt act has been raised

Patna High Court CR. MISC. No.59470 of 2021(3) dt.12-04-2022 2/2 against petitioner. There is case and counter case. On account of previous enmity petitioner has been made accused in this case. Petitioner is in custody since 01.08.2021. Investigation is complete.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged 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 Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No. 577 of 2019.

(Prabhat Kumar Singh, J) vinita/- U T