Mithu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39151 of 2017 Arising Out of PS.Case No. -72 Year- 2017 Thana -MOTIPUR District- MUZAFFARPUR ======================================================

1. Mithu Kumar Son of Late Yogendra Rai, R/o Village- Sarmastpur, P.S.- Paroo, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Sri Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Motipur P.S.Case No.72 of 2017 , registered for offences punishable under Sections 302, 201/34 of the Indian Penal Code. Petitioner is not named in the F.I.R. and later on his name transpired during the course of investigation of the case. Submission of the learned counsel for the petitioner is that except suspicion of the co-accused as well as his selfconfession, there is nothing against the petitioner. The petitioner has no criminal antecedent and he has remained in custody since 23.4.2017.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.39151 of 2017 (3) dt.01-09-2017 2/2 circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. (West), Muzaffarpur in connection with Motipur P.S.Case No.72 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 co-operate in disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. (iv) Further condition that till conclusion of the trial of this case, he will make his attendance before the concerned Police Station of the area in the first week of every month, otherwise, his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T