Patna High CourtCR. MISC./55877/2017disposed

Mithun Kumar v. The State Of Bihar

2017-11-22Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55877 of 2017 Arising Out of PS.Case No. -51 Year- 2017 Thana -DANAPUR District- PATNA ====================================================== Mithun Kumar, Son of Ramjee Paswan, Resident of Sabalpur, Gulmahiya Chak, Police Station- Didarganj, District- Patna. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Shyamal Prakash For the Opposite Party/s : Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-11-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Danapur P.S.Case No. 51 of 2017 registered for the offences punishable under Sections 399, 402, 414 of the Indian Penal Code and 25(1B)(a), 26 & 35 of the Arms Act. Petitioner is named in the FIR and as per prosecution story police raided the place on confidential information of committing dacoity by accused persons and petitioner was arrested with rifle and cartridges and on perusal of record it appears that petitioner is accused in six other cases.

Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and he is in custody since 29.1.2017.

Patna High Court Cr.Misc. No.55877 of 2017 (2) dt.22-11-2017 2/2 Heard learned APP, who has opposed the prayer for bail on the ground of recovery as well as criminal antecedents. Having heard both sides and considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioner.

However, once charge has been framed in this case, learned trial court will release the petitioner on bail to its own satisfaction on an undertaking to be filed by the petitioner that he will co-operate in trial and appear on each and every date in court, except showing any genuine reason.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) spal/- U