Mohan Singh @ Mohan Waris v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84329 of 2023 Arising Out of PS. Case No.-252 Year-2018 Thana- WARISLIGANJ District- Nawada ====================================================== Mohan Singh @ Mohan Waris Son Of Mithilesh Singh R/O VillageDaulatpur, P.S.- Warisaliganj, District- Nawada ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Vaishnavi Singh For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned APP for the State and learned counsel for the informant.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per allegation in the FIR, the younger brother of the informant namely, Vivek Singh @ Vivekanand Kumar was surrounded by the FIR named accused persons and was also assaulted and fired at by many of the accused persons.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to village politics. The specific allegation of firing against co-accused Guddu Kumar, Subodh and Mukesh. From perusal of the F.I.R., it appears that no specific allegation rather general and omnibus allegation

Patna High Court CR. MISC. No.84329 of 2023(3) dt.19-03-2024 2/2 levelled against this petitioner. There is no eye witness of the alleged occurrence and there is admitted land dispute between the parties. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. The other co-accused namely Tuntun Singh @ Radha Mohan Singh has already been granted bail by this Bench vide order dated 02.01.2024 passed in Cr. Misc. No. 83183 of 2023. The petitioner is languishing in judicial custody since 08.08.2023.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Warisaliganj P.S. Case No.252 of 2018.

(Sunil Kumar Panwar, J) Manishkr/- U T