Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24415 of 2022 Arising Out of PS. Case No.-33 Year-2020 Thana- LAUKARIA District- West Champaran ====================================================== MITHUN KUMAR Son of Shiv Mahto Resident of Village- Lalunagar, P.S.- Bettiah Muffasil, District- West Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anant Kumar Mishra, Adv.

For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-01-2023 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 394 of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that while he was returning, the four accused persons on motorcycles intercepted them and on the point of a knife robbed the informant, his brother and his neighbour of different amounts of money totaling Rs.39,000/ in cash and their mobile phones.

It is submitted by learned counsel for the petitioner that the F.I.R. was registered against unknown. The petitioner has been falsely implicated in the case in course of investigation. One Saif Ali was arrested and the name of the

Patna High Court CR. MISC. No.24415 of 2022(5) dt.12-01-2023 2/2 petitioner transpired in his confessional statement. No incriminating article has been recovered from the petitioner's possession. Another co-accused Md. Azad whose name also transpired in the said confessional statement has been enlarged on bail vide order dated 7.7.2022 passed in Cr. Misc. no.17435 of 2022. The petitioner is in custody since 24.1.2022 and chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the material that has transpired in course of investigation together with grant of bail to the above mentioned co-accused and the petitioner having remained in custody for more than 11 months since 24.1.2022, the Court directs the petitioner to be enlarged on bail in connection with Laukariya P.S. Case no.33 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate 1st, Bagaha, West Champaran. (Partha Sarthy, J) Saurabh/- U T