Mithun Kumar @ Mithun Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8930 of 2022 Arising Out of PS. Case No.-89 Year-2020 Thana- GORAUL District- Vaishali ====================================================== Mithun Kumar @ Mithun Kumar Sahni Son of Mahesh Sahni Resident of Village - Shahpur Khurd, P.S. - Goraul (Katahara O.P.), District - Vaishali at Hajipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Chandra, Advocate.

For the Opposite Party/s :

Mr. Abhay Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-08-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Goraul (Katahara O.P.) P.S. Case No. 89 of 2020 lodged under Section 392 of the Indian Penal Code.

The present F.I.R. has been filed against unknown persons, allegation of robbery is there in the F.I.R. Learned counsel for the petitioner submits that petitioner is innocent, the present F.I.R. has been filed against unknown. He also submits that name of petitioner has figured in this case on his confessional statement. He further submits that he was arrested in Baligaon P.S. Case No. 146 of 2020 in the year 2020 itself, thereafter, police has remanded him in different cases including the present one. He further submits that neither TIP has taken place nor anything has recovered in this case. He

Patna High Court CR. MISC. No.8930 of 2022(3) dt.10-08-2022 2/2 further submits that petitioner is in custody since 29.06.2021, chargesheet has already been filed in this case. He is not assured that whether charge has been framed in this case or not. On the point of his criminal antecedent, he submits that presently there is 7 cases pending against him but almost in all cases he was remanded by the police. He further submits that petitioner is ready to fulfill all the conditions whatever it may be imposed by the Court.

Learned counsel for the State opposes the prayer for bail and submits that if bail shall be granted, the petitioner shall create every hurdle in completion of trial.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner but he shall renew his prayer for bail after framing of charge before lower court, the trial court is directed to release him on bail on his own condition, so that the petitioner shall support in the trial.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) ritik/- U T