Mithlesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1765 of 2022 Arising Out of PS. Case No.-213 Year-2021 Thana- KHARHAGPUR District- Munger ====================================================== MITHLESH SINGH Son of Binod Singh Resident of Village - Barui, P.S.- Haveli Kharagpur, Distt.- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Kamal Nayan For the Opposite Party/s :

Mr.Brajendra Nath Pandey For the informant :

Mr. Ajit Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-05-2022 Heard learned Counsel for the petitioner, learned Counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Kharagpur Police Station Case No. 213 of 2021, registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Sections 25 (1-b)a/26 (i) (ii)/27/35 of the Arms Act.

The prosecution case, as per the First Information Report, is that co-accused Pawan Singh @ Jalo Singh fired upon the husband of the informant from the house of the petitioner, due to which he died.

Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.1765 of 2022(2) dt.25-05-2022 2/3 petitioner has falsely been implicated in this case due to land dispute and from perusal of the First Information Report, it would be evident that the petitioner is not the assailant and the only allegation against the petitioner is that the assailant fired upon the deceased from the house of the petitioner. He further submits that the petitioner is in custody since 04.07.2021, having no criminal antecedent.

On the other hand, learned Counsel for the informant submits that the petitioner was an abettor and he allowed his house to be used by the co-accused, who fired upon the husband of the informant, causing his death.. Regards being had to the submissions made on behalf of the parties and taking into consideration the materials on record and the fact that the petitioner is not the assailant and he is in custody since 04.07.2021, having no criminal antecedent, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Munger, in connection with Kharagpur Police Station Case No. 213 of

Patna High Court CR. MISC. No.1765 of 2022(2) dt.25-05-2022 3/3 2021.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √