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Patna High CourtCR. MISC./3636/2023bail granted

Maheshwar Singh @ Maheshar Singh v. The State Of Bihar

2023-05-02Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3636 of 2023 Arising Out of PS. Case No.-185 Year-2022 Thana- CHAUTHAM District- Khagaria ====================================================== MAHESHWAR SINGH @ MAHESHAR SINGH Son of Jhagru Singh R/VChhoti Telauch, P.S- Chautham, Dist- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 02-05-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Chautham P.S. Case No. 185 of 2022, registered for the offences punishable under Sections 341, 323, 307, 379, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

As per allegation, Girish Singh assaulted and abused the informant and when his wife came to rescue him he fired shot which hit the Rishabh Raj aged about 2 years in his back. The allegation against the petitioner is that he was along with other coaccused persons also indulged in that occurrence. The learned counsel for the petitioner has submitted that the main allegation is on co-accused Girish Singh and due to

Patna High Court CR. MISC. No.3636 of 2023(2) dt.02-05-2023 2/2 enmity the other accused persons have falsely been implicated. The petitioner is a person of clean antecedent and he is under custody since 14.09.2022. He has also submitted that on similar footing co-accused Atwari Singh has been granted bail in Cr. Misc. No. 60038 of 2022.

Considering the clean antecedents as well as the period of detention, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Chautham P.S. Case No. 185 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) SONALI/- U T