Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12107 of 2025 Arising Out of PS. Case No.-345 Year-2024 Thana- JANKINAGAR District- Purnia ====================================================== Mithun Kumar Son of Bechan Yadav Resident of Vill- Mirchaibari Ward No. 6, P.S.- Janki Nagar, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 21-02-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Janki Nagar P.S. Case No. 345 of 2024 dated 21.09.2024 registered for the offence punishable under Sections 345/24, 310(4), 310(5), 61(2) of the Bhartiya Nyay Sanhita and Section 25(1-B)a and 26 of the Arms Act.

3. The allegation is of recovery of one country made pistol from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that actually on the date of occurrence, the petitioner was passing through place of occurrence and after seeing the police party some persons tried to flee away from there but on the basis of suspicion, the petitioner was arrested. It

Patna High Court CR. MISC. No.12107 of 2025(2) dt.21-02-2025 2/2 is submitted that there is violation of Section 100 of Cr.P.C. It is further submitted that co-accused, namely, Raushan Kumar @ Roshan Kumar has been granted bail by this Court vide Criminal Miscellaneous No. 2227 of 2025. Lastly, it has been submitted that the petitioner is in custody since 22.09.2024, having no criminal antecedent and charge-sheet has been submitted in the case.

5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Purnea in connection with Janki Nagar P.S. Case No. 345 of 2024, subject to the verification of the criminal antecedent of the petitioner.

(Khatim Reza, J) prabhat/- U T