Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41254 of 2021 Arising Out of PS. Case No.-655 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Mithun Kumar S/O Raja Singh @ Rajo Singh Resident of Village-Menka, P.S-Muffasil, O.P. Lakho, District-Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

22-10-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Muffasil P.S. Case No. 655 of 2020, registered for the offence under Sections 392, 411, 379, 120B of the Indian Penal Code.

As per the prosecution case, this petitioner alongwith co-accused are alleged to have looted 960/- (nine hundred sixty) from the informant on gun-point, however; on chase, they were arrested.

It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner. Petitioner has been falsely implicated in this case and the alleged cash of Rs. 960/- actually belongs to petitioner himself. As a matter of fact, this petitioner and informant are residing in same village and were going to Begusarai, but on way, some

Patna High Court CR. MISC. No.41254 of 2021(2) dt.22-10-2021 2/2 altercation took place between them and in due course, police patrolling party came there and arrested the petitioner. Petitioner is in custody since 29.01.2021. Investigation is complete.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named 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 learned Judicial Magistrate 1st Class, Begusarai in connection with Muffasil P.S. Case No. 655 of 2020, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T