Patna High CourtCR. MISC./4149/2023bail granted

Mithilesh Singh v. The State Of Bihar

2023-04-07Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4149 of 2023 Arising Out of PS. Case No.-187 Year-2022 Thana- BARHIYA District- Lakhisarai ====================================================== MITHILESH SINGH Son of Amit Singh @ Amit Kumar R/V- Barahiya Haha Bangla, Ward no. 6, PS- Barahiya Dist- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Om Prakash Maharaj For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-04-2023 Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 341, 323 (354(B), 354(C), 384, 307 and 379/34 of the Indian Penal Code and Section 27 of the Arms Act, registered in connection with Barahiya P.S.Case No. 187 of 2022.

The learned counsel for the petitioner has submitted that the main allegation is against co-accused Kishan Kumar @ Kishan Raj, who has been granted bail by a coordinate Bench in Cr.Misc. No.66834 of 2022 against whom there was allegation to pull the hand of the minor girl of the informant. The case of the petitioner is on better footing and he is in custody since 19.10.2022 having clean antecedent.

Considering the above facts and circumstances, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the

Patna High Court CR. MISC. No.4149 of 2023(2) dt.07-04-2023 2/2 like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special Judge, POCSO, Lakhisarai in connection with Barahiya P.S.Case No.187 of 2022, subject to the following conditions:-

1. The petitioner shall cooperate in the disposal of trial and make himself available on each and every date fixed at the trial, and if he fails to appear on two consecutive dates without any reason or unavoidable circumstances, the court below shall be at liberty to cancel his bail bond.

2. If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) HR/- U T