IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (DB) No.159 of 2009
BINOD SINGH & ORS
Versus
THE STATE OF BIHAR
-----------
5/ 3.9.2010 I.A. No. 1665 of 2010
By filing this application, prayer has been made on
behalf of Mithilesh Pandey, appellant no. 6 for grant of bail.
This appellant has been convicted under sections
302/149 and 148 of the IPC as well as section 27 of the Arms Act.
Counsel for the appellant has drawn our attention
towards the discussion made by the trial court at page 22 of the
judgment, where the brother of the deceased Munna Prasad,
Maheshwar Prasad, P.W. 1 said to be the only eye witness of
killing of his brother, has not identified this appellant as the
murderer of his brother. Counsel for the appellant has also
referred paragraph 11 of the judgment, where same witnesses,
who have been examined in the present trial, examined in trial of
other accused of same case, have been declared hostile, which
also includes P.W. 1 Maheshwar Prasad.
Considering this fact, prayer of the appellant for bail is
allowed. During the pendency of this appeal, let the appellant no.
6 Mithilesh Pandey be released on bail on furnishing bail bond of
Rs.10000/(ten thousand) with two sureties of the like amount each
to the satisfaction of Additional District and Sessions Judge I,
Nawada in S.T. No. 59 of 2002/ 36 of 2007. Realization of fine
2
shall remain stayed.
Anil/
(Mridula Mishra, J.)
(Dharnidhar Jha, J.)