Mithilesh Singh @ Mithalesh Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.11920 of 2017 (3) dt.27-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11920 of 2017 Arising Out of PS.Case No. -108 Year- 2016 Thana -BIHRA District- SAHARSA ====================================================== Mithilesh Singh @ Mithalesh Singh Son of Late Bambahadur Singh, Resident of Village-Patori, Police Station Bihra, District saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satish Kumar Singh, Adv. For the Opposite Party/s : Mr. Gopesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-03-2017 Heard both sides.

The petitioner seeks bail in Bihra P.S. Case No. 108/2016, registered for the offences punishable under Section 307 and other sections of the Indian Penal Code. Later on, section 302 of the Indian Penal Code was added.

The informant wife of Kishore Kumar named the petitioner along with other accused persons and alleged that on 29.07.2016 they all came in the night and began to assault the family members of the informant. They looted away different articles and cash. Mantun Singh is said to have assaulted Kishore Kumar husband of the informant with Farsa on his head. Tarzen Singh assaulted the informant with Garasa while she went to save her husband. Anand Singh and petitioner Mithilesh Singh

Patna High Court Cr.Misc. No.11920 of 2017 (3) dt.27-03-2017 (petitioner) are alleged to have assaulted Sidharth Saurabh younger son of the informant.

Learned counsel for the petitioner submits that petitioner is not the assailant of the deceased Kishore Kumar. Petitioner and one Anand Singh are alleged to have assaulted Sidharth Saurabh. Sidharth Saurabh got one lacerated wound and one abrasion. Both the injuries are opined to be simple in nature. Similarly situated co-accused Sanjeev Singh has already been enlarged on bail vide order passed in Cr. Misc. 7824/2017 by a coordinate bench of this court.

Considering the facts aforesaid, the petitioner abovenamed, 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 Chief Judicial Magistrate, Saharsa in connection with Bihra P.S. Case No. 108/2016. (Prabhat Kumar Jha, J.) Vinita/- U T