Mithilesh Kumar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2692 of 2019 Arising Out of PS. Case No.-163 Year-2017 Thana- TAJPUR District- Samastipur ====================================================== Mithilesh Kumar Ray, aged about 21 years, Male, S/o Munshilal Ray, resident of Harpur Bhindi, P.S. Tajpur, District- Samastipur. ... ... Petitioner/s
Versus
The State Of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Singh For the Opposite Party/s :
Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-01-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered under Sections 414/34 of the Indian Penal Code. The prosecution case, in short, is that while the informant along with other police party was on duty, on the seeing the police party, the accused persons started fleeing and some accused persons were apprehended and a motorcycle was seized.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The name of the petitioner has come in the present case
Patna High Court Cr.Misc. No.2692 of 2019(2) dt.21-01-2019 2/2 on the basis of disclosure made by co-accuseds. The petitioner was not apprehended on the spot nor there is recovery of any stolen property from the conscious possession of the petitioner. On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -I, Samastipur in connection with Tajpur P.S. Case No. 163 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Sudhir Singh, J) Pankaj/- U T