Mithun Kumar @ Mithun Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33055 of 2023 Arising Out of PS. Case No.-1 Year-2023 Thana- KASIMBAZAR District- Munger ====================================================== Mithun Kumar @ Mithun Saw Son Of Late Baunu Saw Resident Of Village - Mednichowki Basgadha, Bind Tola, P.S.- Medni Chowki, Dist.- Lakhisarai. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Jyoti Ranjan Jha For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 395 of the IPC and Sections 25(1-b)a, 26(i)(ii)/35 of the Arms Act. As per FIR, the allegation against the unknown miscreants is that they armed with various weapons came at the house of the informant and committed theft and took away cash of Rs. 40,000/- golden chain, silver payal and other ornaments.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of

Patna High Court CR. MISC. No.33055 of 2023(2) dt.24-06-2023 2/2 confessional statement of co-accused. The petitioner is not named in the FIR and nothing looted article has been recovered from his conscious possession rather one mobile was recovered from his possession and the same belongs to him. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 12.01.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kasim Bazar P.S. Case No. 01 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Munger. (Sunil Kumar Panwar, J) lata/- U T