Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28984 of 2014 Arising Out of PS.Case No. -12 Year- 2013 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Mithun Kumar, son of Kheman Ram, resident of village - Phoolwaria, P.S. Barhat, District - Jamui .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vipin Kumar, Advocate For the Opposite Party/s : Mr. Shailendra Kr. Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 07-01-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehending his arrest in connection with Lakhisarai P.S. Case No. 12 of 2013 registered for the offences under Sections 302/201/34 of the Indian Penal Code seeks privilege of pre arrest bail.

Allegedly, the father of the informant namely Shree Tanti was found dead and it is stated that the petitioner, after released from custody, took drink with the father and Kheman Ram and after assaulting with stone killed his father and threw dead body.

Submission is that in the First Information Report the petitioner is not named, after long lapse the informant in his re-statement has named the petitioner and that is only on suspicion and further on the date of occurrence the petitioner was in custody in Jamui R.P.F. P.S. Case No. 12 of 2013 dated

Patna High Court Cr.Misc. No.28984 of 2014 (3) dt.07-01-2015 12.01.2013 registered under Section 144 of the Railway Act and as such the presence of the petitioner with the father of the informant at the relevant time appears not reliable. Learned APP opposes the prayer for bail.

Considering the submissions and going through the First Information Report and case diary and noticing that in the re-statement, the name of the petitioner has come and further the witnesses are hearsay and as such the petitioner in case of arrest or surrender before the court below within one month from the date of receipt/production of a copy of this order, the petitioner namely Mithun Kumar shall be released on bail on execution of bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. Case No. 12 of 2013 with condition as laid down under Section 438(2) Cr.P.C.

(Jitendra Mohan Sharma, J) P.K./- U T