Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 13505 of 2017 Arising Out of PS.Case No. -231 Year- 2016 Thana -AHIYAPUR District- MUZAFFARPUR ====================================================== Mithun Kumar, S/o Rajendra Prasad @ Lal Babu Bhagat, Resident of Village- Khemaipatti, P.S.- Minapur, District- Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Ms. Sikha Roy For the Opposite Party/s : Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 4.

03-05-2017 Heard Ms. Sikha Roy, learned counsel for the petitioner and Sri Rajendra Prasad Nat, learned Addl. Public Prosecutor.

This is the 2nd attempt for grant of bail on behalf of the petitioner. The petitioner is in custody since 05-04-2016 in Ahiyapur P.S. Case No. 231 of 2016 registered for offence under Sections 341, 347, 385, 387, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act, 1959.

It was submitted by learned counsel for the petitioner that in this case, one of the accused has already been granted bail and it has further been argued that despite the fact that petitioner is in custody since 05-04-2016, before the court below the case has not proceeded.

In this case, by order dated 29-03-2017, a report was called for from the court below, which has been received and kept

Patna High Court Cr.Misc. No.13505 of 2017 (4) dt.03-05-2017 2/2 at flag 'C'. The report dated 6th April, 2017 suggests that the case is pending for supply of police paper. In this case, before the court below, order of cognizance was passed for offence under Sections 341, 447, 385, 387, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act, 1959. Meaning thereby that cognizance has not been taken under Section 307 of the Indian Penal Code.

Sri Rajendra Prasad Nat, learned Addl. Public Prosecutor has opposed the prayer for bail.

However, considering the fact that the case is triable by the Magistrate and case is pending only for supply of police paper, there is no reason to further detain the petitioner. Accordingly, let the petitioner namely Mithun Kumar be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Subhash Kumar Rai, Judicial Magistrate 1st Class, Muzaffarpur in connection with Ahiyapur P.S. Case No. 231 of 2016, with condition that one of the bailor must be blood relation of the petitioner.

(Rakesh Kumar, J.) Anay U T