Shankar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67034 of 2019 Arising Out of PS. Case No.-122 Year-2018 Thana- CHAUSA District- Madhepura ====================================================== Shankar Singh son of Late Sohan Singh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-11-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

According to the prosecution case itself, the deceased was taken away from his house by F.I.R named coaccused Mantosh Singh@ Mattuki and subsequently, the informant claimed in his written report that he was informed that petitioner and other F.I.R named accused also joined coaccused Mantosh Singh @ Mattuki and, assaulted the informant's son whose dead body was recovered later on in maze field.

Submission on behalf of the petitioner is that co-

Patna High Court CR. MISC. No.67034 of 2019(2) dt.04-11-2019 2/3 accused Mantosh Singh @ Muttuki has already been granted privilege of bail by a co-ordinate Bench o f this Court vide order dated 11.09.2019 passed in Cr. Misc. No. 37604 pf 2019. No doubt, Para-3 of the petition goes to show that petitioner does have criminal antecedent of seven cases but from perusal of impugned order it appears that the learned court below rejected the bail prayer of the petitioner only on the ground of his criminal antecedent as the learned trail court has not mentioned any other material which came against the petitioner, in course of trial in his impugned order. Considering the aforesaid facts and circumstance as well as submission of the parties, above named, petitioner be released on bail on furnishing bail bonds of Rs.

10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned court of P.O cum Additional Judge, F.T.C-I, Madhepura in connection with Session trial no. 190 of 2019 arising out of Chausa P.S.Case No.

Patna High Court CR. MISC. No.67034 of 2019(2) dt.04-11-2019 3/3 prosecution after making due and proper inquiry. (Hemant Kumar Srivastava, J) N.K/- U T