Mithilesh Kumar Nirala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25939 of 2021 Arising Out of PS. Case No.-148 Year-2020 Thana- JADIA District- Supaul ====================================================== MITHILESH KUMAR NIRALA Son of - Ramchandra Yadav Resident of Village- Raisri, Ward No. -10, Tola- Tamua, P.S.- Jadiya, District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhav Jha, Adv.

For the Opposite Party/s :

Mr. Parmanand Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-11-2021 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

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

The petitioner seeks bail in connection with Jadiya P.S. Case No. 148 of 2020 registered for the offence under Sections 379 of the Indian Penal Code.

Two unknown persons are said to have snatched the bag of the informant containing cash of Rs. 91170/- along with two mobile phones and ATM cards.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has not committed

Patna High Court CR. MISC. No.25939 of 2021(2) dt.22-11-2021 2/3 any offence. In fact, the instant F.I.R. has been lodged against the unknown persons and the petitioner has falsely been implicated in this case. Neither the petitioner has been put on T.I.P. as yet nor anything incriminating has been recovered from the house or conscious possession of the petitioner. The petitioner is rotting in judicial custody since 18.09.2020.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Supaul in connection with Jadiya P.S. Case No. 148 of 2020 with the following conditions:

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) 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.

Patna High Court CR. MISC. No.25939 of 2021(2) dt.22-11-2021 3/3 And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) braj/- U T