Patna High CourtCR. MISC./32874/2021bail granted

Mithilesh Kumar Singh @ Mithlesh Singh v. The State Of Bihar

2021-08-25Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32874 of 2021 Arising Out of PS. Case No.-112 Year-2020 Thana- BAHERI District- Darbhanga ====================================================== MITHILESH KUMAR SINGH @ MITHLESH SINGH Son of Late Ram Swaroop Singh Resident of Village- Jorja, P.S.- Baheri, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-08-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Baheri P.S. Case No. 112 of 2020, registered for the offence punishable under Section 302/34 of the Indian Penal Code and section 27 of the Arms Act. Earlier the bail application of petitioner was rejected vide order dated 23.09.2020. Vide order dated 07.07.2021, report was called for regarding the stage of trial and same has been received vide letter no. 167/2021 dated 14.07.2021, which reveals that charge has already been framed and 03 witnesses have already been examined.

It is submitted that petitioner is in custody since

Patna High Court CR. MISC. No.32874 of 2021(3) dt.25-08-2021 2/2 16.05.2020. In para 3 of the petition, it is stated that petitioner is accused in five more cases and in most of the cases he is on bail. Considering the period of custody and progress of trial, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge Xth, Darbhanga in connection with Baheri P.S. Case No.

112 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.