Mithu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6637 of 2015 Arising Out of PS.Case No. -32 Year- 2014 Thana -RAJAULI District- NAWADA ====================================================== Mithu Kumar, son of Shiv Narayan Halwayee, Resident of village Durgapur, P/S Giriyak, District nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Man Mohan Kumar For the Opposite Party/s : Mr. Manoj Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-04-2015 Heard Sri Alok Kumar Alok, learned counsel for the petitioner and learned A.P.P.

The petitioner, who is in custody in connection with Rajauli P.S. Case No. 32 of 2014 registered for offence under Section 414 of the Indian Penal Code and Section 25 (1-b) a, 26 and 35 of the Arms Act, has again prayed for grant of bail. Earlier, prayer for bail of the petitioner was rejected by order dated 25.9.2014 along with bail petition of other two coaccused persons. While rejecting the prayer for bail this court had directed the court below to take all steps for early disposal of the case.

In this case by order dated 18.3.2015 a report was called for from the court below regarding stage of the case, which has been received and kept fat flag 'A'. The report indicates that after

Patna High Court Cr.Misc. No.6637 of 2015 (3) dt.08-04-2015 2/2 order of cognizance case has been fixed for providing police papers and for hearing on charge. Meaning thereby, that till the date of report charges had not been framed. The petitioner is in custody since 4.3.2014. Accordingly, considering the nature of accusation, period of custody as well as no sufficient progress in the case before the court below, the court proposes to extend the privilege of bail to the petitioner.

Let the petitioner namely Mithu Kumar be enlarged on bail on furnishing bail bond of Rs. 10000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Rajauli P.S. Case No. 32 of 2014 with conditions that one of the bailors must be blood relative of the petitioner and secondly during the trial the petitioner shall remain physically present in court on each and every date. If continuously on two dates petitioner fails to appear before the court below without prior permission of the court, his bail bond shall stand automatically cancelled.

(Rakesh Kumar, J) Praful/- U T