Mithilesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79724 of 2024 Arising Out of PS. Case No.-214 Year-2024 Thana- SILAO District- Nalanda ====================================================== Mithilesh Singh S/O Late Kedar singh Resident of village - Panki, P.S- Silao, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar, Adv.
For the Opposite Party/s :
Ms. Nirmala Kumari, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-01-2025 Heard the parties.
2. The petitioner seeks bail in connection with Silao P.S. Case No. 214 of 2024 registered for the offence under Sections 126(2), 115(2), 74, 109, 352/3(5) of the B.N.S.S. Act.
3. The petitioner is named in the F.I.R. and is in custody since 16.08.2024.
4. The allegation against the petitioner is to commit murder of mother of the informant along with other co-accused by assaulting on her head using brick plates, where occurrence is alleged to be arising out of previous pending land dispute.
Patna High Court CR. MISC. No.79724 of 2024(3) dt.22-01-2025 2/3
5. Learned counsel appearing on behalf of the petitioner submitted that the petitioner implicated with present case only for the reason that he is the father of the main co-accused namely, Kundan Kumar against whom specific allegation as to cause fatal assault on the head of the mother of the informant is available. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, as such, there is no chances of tampering with the evidence.
6. Learned APP opposes the prayer of bail.
7. In view of aforesaid factual submission, as the implication of petitioner appears prima-facie being father of the main co-accused, Kundan Kumar against whom the thrust of allegation is available as to cause fatal blow to the mother of the informant, coupled with fact that investigation of this case is already completed, where petitioner is in custody since 16.08.2024, accordingly petitioner above named, is directed to be released on bail
Patna High Court CR. MISC. No.79724 of 2024(3) dt.22-01-2025 3/3 in connection with Silao P.S. Case No. 214 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, IX, Biharsharif, Nalanda /concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS.
(Chandra Shekhar Jha, J) Sudha/- U T