Mithlesh Kumar @ Mithlesh Kumar Singh @ Mithlesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6510 of 2016 Arising Out of PS.Case No. -1253 Year- 2015 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. MITHLESH KUMAR @ MITHLESH KUMAR SINGH @ MITHLESH SINGH son of Awadh Bihari Singh, resident of village- Madarihan, P.O.- Lilari Ghasa, P.S.- Charpokhari, District- Bhojpur at Ara .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Garg For the Opposite Party/s : Mr. B.M.P Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-04-2016 Heard the learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner seeks bail in connection with Sasaram (T) P.S. Case No. 1253 of 2015 registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code.

Allegedly, the petitioner and co-accused were caught by the informant on the next day of the alleged occurrence, on the basis of the photo of CCTV and two motorcycles were also recovered. Submission is of false implication and that stolen motor-cycle of the informant was not recovered from conscious

Patna High Court Cr.Misc. No.6510 of 2016 (3) dt.08-04-2016 2/3 possession of the petitioner, the petitioner has been made victim of the circumstances, it is alleged that stolen motor-cycle was taken away by co-accused Rohit Kumar and in this case, coaccused Md. Akhalak @ Nepali Mistri, who was caught with the petitioner has already been allowed bail by another coordinate Bench of this Court vide Criminal Miscellaneous No. 7638 of 2016, and as such, the petitioner also deserves sympathetic consideration as he has got only one case from earlier.

Learned A.P.P. opposes the prayer of bail.

In the facts and circumstances stated above, considering that other co-accused has already been allowed bail, and as such, the petitioner, above named, is also directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sasaram in connection with Sasaram (T) P.S. Case No. 1253 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part

Patna High Court Cr.Misc. No.6510 of 2016 (3) dt.08-04-2016 3/3 without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) ajaypd./- U T