Patna High CourtCR. MISC./17865/2023allowed

Mithun Kumar v. The State Of Bihar

2023-05-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17865 of 2023 Arising Out of PS. Case No.-481 Year-2022 Thana- NATHNAGAR District- Bhagalpur ====================================================== 1.

MITHUN KUMAR SON OF UPENDRA SINGH RESIDENT OF VILLAGE - PEPURA (REPURA), P.S. - SITAMARI (SITAMARHI), DISTT. - NAWADA, BIHAR 2.

PINKU KUMAR SON OF LATE UMA SHANKAR SINGH RESIDENT OF VILLAGE - PEPURA (REPURA), P.S. - SITAMARI (SITAMARHI) DISTT. - NAWADA, BIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nilendu Kumar Choudhary For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Section 379 of the Indian Penal Code. As per allegation in the FIR, informant went to withdraw the mini statement from ATM KIOSK but his ATM Card has been stuck in Kiosk and the guard of ATM advised him to take the same tomorrow. Thereafter after sometime he received a message regarding withdrawal of Rs. 10,000/- from his account.

It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They

Patna High Court CR. MISC. No.17865 of 2023(3) dt.19-05-2023 2/2 have committed no offence. They are not named in the FIR. Only on the basis of confession in Nathnagar P.S. Case No. 559 of 2022, their names have been dragged in the present case. They are languishing in judicial custody since 8.12.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Bhagalpur in connection with Nathnagar P.S. Case No. 481 of 2022.

(Sunil Kumar Panwar, J) sushma/- U