Mithu Kumar Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30890 of 2018 Arising Out of P.S.Case No. -735 Year- 2017 Thana -ARARIA District- ARRARIA ====================================================== Mithu Kumar Chouhan S/o Kailash Chouhan, R/o Vill.- Harchandpur, P.S.- Jalalgarh, District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mrigendra Kumar For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 06-07-2018 Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner is in custody in connection with Araria P.S.Case No.735 of 2017 registered for an offence under Section 411 of the IPC.

It has been submitted that the case has been registered against unknown miscreants for commission of theft in his house in the night of 22.10.2017. The petitioner was apprehended by police on the basis of CD report of mobile which was allegedly stolen by miscreants.

Submission is that this petitioner had purchased the mobile from his villagers. Except recovery of mobile from the possession of the petitioner, there is nothing against the petitioner.

Patna High Court Cr.Misc. No.30890 of 2018 (3) dt.06-07-2018 2/2 The petitioner is in custody since 27.12.2017 having clean antecedent.

The learned APP opposed the submissions.

Considering the aforesaid facts and circumstances, prayer for bail is allowed. 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 CJM, Araria in connection with Araria P.S.Case No.735 of 2017 with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) B.Kr./- U T