Mithu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.625 of 2020 Arising Out of PS. Case No.-159 Year-2018 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Mithu Kumar Son of Biru Singh Resident of Village- Dekpura, P.S.- Rahui, District- Nalanda.

... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-02-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Mufassil P.S. Case No. 159/2018 registered for the offence punishable under Section 393 of the Indian Penal Code. The accusation against the petitioner is that he along with others made attempt to snatch the vehicle of the informant but petitioner and his associates could not succeed in their attempt. The identity and involvement of the petitioner in the present crime was established on the basis of the mobile phone, which was left by the petitioner in the vehicle in question. Submission on behalf of the petitioner is that the petitioner and others had hired the vehicle in question and on 29.9.2018 petitioner along with his friends was going on the

Patna High Court CR. MISC. No.625 of 2020(2) dt.20-02-2020 2/2 said vehicle but due to negligent driving of the informant, the aforesaid vehicle met an accident and, thereafter, petitioner and his friends left the aforesaid vehicle and went to their village but, unfortunately, the mobile phone of the petitioner was left in the aforesaid vehicle. However, after ten days of the alleged occurrence informant lodged this case on account of nonpayment of the fare of the aforesaid vehicle. Learned counsel appearing for the petitioner, further, submits that petitioner does not have any criminal antecedents.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall 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 Chief Judicial Magistrate, Nawada/ concerned court in Mufassil P.S. Case No. 159/2018 subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Spd/- U T