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Patna High CourtCR. MISC./37234/2021bail granted

Mithilesh Kumar @ Mithalesh Bhagat v. The State Of Bihar

2022-01-07Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37234 of 2021 Arising Out of PS. Case No.-690 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== MITHILESH KUMAR @ MITHALESH BHAGAT S/O NARAYAN BHAGAT @ RAM NARAYAN BHAKT R/o village- Lalpura, Buddha Tola, P.S.- Saraiya, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Nitu Kumari, Adv.

For the Opposite Party/s :

Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 392 of the Indian Penal Code.

As per the prosecution case, four accused persons are stated to have robbed the informant of his bag containing Rs.1.81 lacs in cash. The informant states that he can identify the accused persons on seeing them again.

It is submitted by learned counsel for the petitioner that the F.I.R. was registered against four unknown. The name of the petitioner transpired in course of investigation on the basis of the confessional statement of the petitioner in one

Patna High Court CR. MISC. No.37234 of 2021(3) dt.07-01-2022 2/2 another case subsequent whereto he was remanded in the present case. No incriminating article has been recovered from the petitioner's possession nor has he been put on T.I. parade. He is in custody since 23.1.2021 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 facts of the case, the material that has transpired in course of investigation and the petitioner having remained in custody for more than 11 months, the Court directs the petitioner to be enlarged on bail in connection with Saraiya P.S. Case no.690 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 IV, West, Muzaffarpur.

(Partha Sarthy, J) Saurabh/- U T