Mithu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5098 of 2025 Arising Out of PS. Case No.-599 Year-2024 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Mithu Kumar S/o Rambabu Rai R/o Sheikhpura, P.S.- Ram Krishna Nagar, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-04-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Ramkrishna Nagar P.S. Case No. 599 of 2024 instituted for the offences under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(2), 109, 308(4), 352, 351(2) of the BNS and Section 27 of the Arms Act.

3. Prosecution case, in short, is that all the FIR named accused persons including the petitioner and other 7-8 unknown persons came at the shop of the informant and demanded money. When the informant and his family members refused to give the same, they fired upon them, as a result of which the informant and his brother sustained injuries.

Patna High Court CR. MISC. No.5098 of 2025(3) dt.29-04-2025 2/3

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the alleged offence and the informant has lodged the present case due to previous dispute with the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.09.2024 and has three criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submitted that petitioner is named in the FIR and the injury report also supports the case of the prosecution.

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ramkrishna Nagar P.S. Case No. 599 of 2024, subject to the following conditions:

Patna High Court CR. MISC. No.5098 of 2025(3) dt.29-04-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Alok Verma/- U T