Mahendra Pal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 3380 of 2018 Arising Out of PS.Case No. -77 Year- 2017 Thana -AKHODHIGOLA District- SASARAM (ROHTAS) ======================================================

1. Mahendra Pal Son of Sri Bhagwat Pal, Resident of Village-Saleya, P.S.- Akorhigola, District-Rohtas

2. Bijendra Singh Son of Baban Singh, Resident of Mahuari tola, P.S. Akorhigola, District-Rohtas .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Arjun Prasad, Advocate For the S t a t e : Mr Murlidhar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 19-01-2018 Heard counsel for the petitioner and the State. Petitioners seek bail in a case registered under Sections 302/34 of Indian Penal Code and Section 27, Arms Act. The petitioner is claiming parity with co-accused Manoj Singh @ Manoj Kumar Singh who has been allowed bail by this Court in Cr Misc No 54435 of 2017. It is submitted that in a similar way, the petitioner has also been implicated on the basis of extraneous consideration and that the informant was not an eye witness. He further submits that the injury does not support the general and omnibus allegations on the basis of which he is in custody since 09.08.2017. Investigation is complete and though

Patna High Court Cr.Misc. No.3380 of 2018 (2) dt.19-01-2018 2/2 there is one another case pending against the petitioner, as mentioned in paragraph 3 of the petition, but in the same case, he is on bail.

Considering the submissions made on behalf of the petitioners, prayer for bail is allowed. Let the petitioners above named be released on bail on each of them furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Dehri, District - Rohtas in Akorhigola Police Station Case No 77 of 2017 dated 14.05.2017 subject to the following conditions:

(i) That one of the bailors will be a close relative of the 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 will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T