Mahendra Prasad Sinha @ Mahendra Pd. Sinha And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25451 of 2016 Arising Out of PS.Case No. -21 Year- 2015 Thana -DAUDNAGAR District- AURANGABAD ======================================================

1. Mahendra Prasad Sinha @ Mahendra Pd. Sinha S/o late Kailash Prasad Sinha

2. Pankaj Kumar Sinha S/o Mahendra Prasad Sinha@Mahendra Pd. Sinha Both are resident of Village- Daudnagar, Gandhipar, ward No. 10, PS Daudnagar, District Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Pd. Singh, Advocate For the Informant : Mr. Kamlendra Pd. Singh, Advocate For the State : Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-08-2016 Heard learned counsel for the petitioners and the State. The petitioners seek bail in a case instituted under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act. Allegation against the petitioners is that they have killed son of the informant as the deceased had love affair with daughter of petitioner no. 1 Mahendra Pd. Sinha.

It has been submitted on behalf of the petitioners that petitioner nos. 1 and 2 are in custody since 13.5.2016 and 16.5.2016 respectively. Chargesheet has been submitted against the petitioners. Petitioners have got no criminal antecedent. No allegation of tampering of witnesses is alleged against the petitioners. Petitioners are named in the F.I.R. The only materials against the petitioners are that they are suspected to be involved in the present case. Except for this, there is no substantive evidence to implicate the petitioners in the present case. The other co-

Patna High Court Cr.Misc. No.25451 of 2016 (4) dt.09-08-2016 2/2 accused has been granted bail vide Cr. Misc. no. 53448 of 2015. On behalf of the State and informant, it is submitted that petitioners are named in the F.I.R. and they have actively participated in the alleged occurrence.

Considering the aforesaid facts and circumstances, let the above named petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) each with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Daudnagar, District Aurangabad in connection with Daudnagar P.S. Case no. 21 of 2015. (Sudhir Singh, J) sudip/- U T