Mithun Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29366 of 2022 Arising Out of PS. Case No.-81 Year-2022 Thana- SHEKHPURA District- Sheikhpura ====================================================== MITHUN BIND SON OF KARU BIND R/O VILLAGE- KARE, P.S.- SHEIKHPURA (SIRARI O.P.), DISTRICT- SHEIKHPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar Singh For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 01-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Petitioner seeks regular bail in a case registered for the offences punishable under Sections 379 and 414 of the Indian Penal Code.

As per allegation, co-accused Congress Kumar was apprehended with a stolen motorcycle and during interrogation, he revealed that he had purchased the said motorcycle from the petitioner and thereafter on the basis of said disclosure two motorcycles alleged to be stolen were also recovered from the back side of the petitioner's house.

The main submissions advanced by Sri Dhirendra Kumar Singh, the learned counsel appearing for the petitioner are that petitioner has got clean antecedent and has been languishing in jail since 3.3.2022 and no FIR has been lodged regarding motorcycles

Patna High Court CR. MISC. No.29366 of 2022(2) dt.01-09-2022 2/2 which are alleged to have been recovered from his house and several co-accused persons, namely Santosh Kumar, Congress Kumar and Ganesh Kumar have been granted bail by this bench and other benches of this court vide orders passed in Cr. Misc. no. 20500 of 2022, Cr. Misc. no. 25069 of 2022 and Cr. Misc. no. 23331 of 2022 respectively and case of the petitioner stands on similar footing. Sri Md. Ataur Rahman, learned APP appearing for the State has opposed the prayer for bail.

Heard both sides and perused the FIR.

Considering above discussed facts and mainly taking into account that the petitioner has clean antecedent and also the fact that similarly situated co-accused persons have been granted bail vide orders passed in the above mentioned criminal miscellaneous petitions, in the opinion of this court, a lenient approach can be taken in respect of the petitioner. Let the petitioner be released 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 Chief Judicial Magistrate, Sheikhpura in Sheikhpura (Sarai OP) P.S Case No. 81 of 2022.

(Shailendra Singh, J) s.hassan/- U T