Mathura Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58832 of 2023 Arising Out of PS. Case No.-88 Year-2023 Thana- SURYAPURA District- Rohtas ====================================================== MATHURA SINGH S/O LATE SUNDER SINGH @ SUNDAR MAHTO R/O VILLAGE- SURAJPURA (BARUN), PS. SURAJPURA, DIST. ROHTAS ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amiya Kunal For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 324, 307, 504, 506/34 of the Indian Penal Code and later on added section 302 of the I.P.C.

3. According to the FIR, the petitioner along with others are alleged to have assaulted the brother of the informant due to which he sustained injury and died during course of treatment. The alleged occurrence took place in the background of marriage dispute.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.58832 of 2023(3) dt.13-10-2023 2/2 falsely been implicated in this case due to dirty village politics. From perusal of FIR as well as case diary, it appears no specific overt-act against the petitioner. The allegations against him is general and omnibus. It is further submitted vide para-4 of the supplementary affidavit that the petitioner is aged about 80 years who is suffering from many age related deceased due to which he have to regularly go to P.M.C.H. He has got no criminal antecedent as stated in para-3 of the bail petition and is languishing in judicial custody since 26.5.2023.

5. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail.

6. Considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Suryapura P.S. Case No. 88 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Bikramganj, Rohtas. (Sunil Kumar Panwar, J) Amandeep/- U T