Mahesh Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8777 of 2015 Arising Out of PS.Case No. -75 Year- 2014 Thana -KADIR GANJ District- PATNA ======================================================

1. Mahesh Bind S/o Late Musafir Bind R/o Village- Pakaura, P.S,. Kadir Ganj, District- Patna. .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Naresh Ray For the Opposite Party/s : Mr. Pushpa Sinha-Ii(App) ====================================================== CORAM: HON'BLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-04-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Kadir Ganj P.S. Case No. 75 of 2014 registered for the offences punishable under Sections 302/34 of the Indian Penal Code. Allegedly the son of the informant Ram Ratan Bind was sleeping near P.C.C. Road and about 3 A.M., the petitioner and other co-accused came there and awoke Ram Ratan Bind and took away to other place in spite of protest made by the informant. Due to alarm being raised, the other son Nepali Bind of the informant also came and both saw that near the house of Jogi Bind the accused persons committed murder of Ram Ratan Bind by stabbing. The motive behind the occurrence is land dispute. Submission is of false implication and there is no specific allegation. There are nine accused persons and who

Patna High Court Cr.Misc. No.8777 of 2015 (3) dt.10-04-2015 2/3 stabbed the son of the informant is not mentioned nor it has came during investigation. Co-accused Munaki Devi has already been allowed bail by another Bench of this Court vide order dated 16.01.2015 passed in Cri. Misc. No. 1137 of 2015 and the petitioner by remaining in custody since 27.09.2014 has been sufficiently penalized to which the learned A.P.P. opposes. In the facts and circumstances stated above, considering that there is no specific allegation against the petitioner and as such considering his detention and further the chargesheet has already been submitted and there is no chance of tampering with prosecution evidence and as such the petitioner above named is directed to be released on bail on execution of bail bond of Rs.

10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned B.K. Singh, Judicial Magistrate, 1st Class, Masaurhi arising out of Kadir Ganj P.S. Case No. 75 of 2014 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

Patna High Court Cr.Misc. No.8777 of 2015 (3) dt.10-04-2015 3/3