Mantun Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7824 of 2017 Arising Out of PS.Case No. -108 Year- 2016 Thana -BIHRA District- SAHARSA ======================================================

1. Mantun Singh

2. Sanjeev Singh Both Sons of Braham Singh @ Brahmanarayan Singh and residents of village- Patori, P.s.- Bihra, District- Saharsa (Bihar) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Mukund For the Opposite Party/s : Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-03-2017 Heard the parties.

This application is for grant of bail in connection with Bihra P.S.Case No.108 of 2016 for the offence under Sections 147, 148, 149, 341, 323, 324, 307, 427, 504 and 506 of the Indian Penal Code and later on Section 302 was added.

It is submitted on behalf of the petitioners that there is a case and counter case between the parties and petitioner no.1 (Mantun Singh) has also received serious injuries and the falsity of the case will also appear from the fact that the whole family members of the petitioners have been involved in this case and each and every member has been assigned with particular type of assault and the petitioners are in custody since 08.09.2016. It is further submitted that so far petitioner no.2 (Sanjeev

Patna High Court Cr.Misc. No.7824 of 2017 (3) dt.18-03-2017 2/3 Singh) is concerned, there is no allegation of assault against him on the deceased rather there is allegation of assault on the son of the deceased, Siddharth Singh and the injuries on the person of Siddharth Singh were found to be simple in nature. Heard learned A.P.P. also, who has opposed the prayer for bail of the petitioners.

Having heard both sides and in view of the fact that so far the petitioner no.1 (Mantun Singh) is concerned, there is allegation of assault on the deceased and that has been supported by the post mortem report also.

No doubt there is submission that petitioner no.1 has also received injuries in the occurrence but considering the above fact that there is allegation against petitioner no.1 that he assaulted the deceased, which has also been supported by the post mortem report also, I am not inclined to grant bail to the petitioner no.1. So far Petitioner no.2 (Sanjeev Singh) is concerned, it has been alleged that he has assaulted on the son of the deceased, Siddharth Singh but the injury on the person of Siddharth Singh was found to be simple in nature.

Considering the aforesaid facts, let the petitioner no.2 (Sanjeev Singh) be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like

Patna High Court Cr.Misc. No.7824 of 2017 (3) dt.18-03-2017 3/3 amount each to the satisfaction of Sri S.K.Singh, Munsif -cumJudicial Magistrate, IV, Saharsa in connection with Bihra P.S.Case No.108 of 2016.

So far Petitioner No.1 is concerned, the learned trial court is directed to expedite the trial and try to conclude it within a period of nine months, otherwise, the petitioner is at liberty to renew his prayer for bail before the court concerned.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U