Mitthu Sonar @ Mitthu Saw @ Mitthu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35742 of 2025 Arising Out of PS. Case No.-374 Year-2019 Thana- PATNA RAIL P.S. District- Patna ====================================================== Mitthu Sonar @ Mitthu Saw @ Mitthu Sah S/O Rameshwar Sah R/O VillageMahamadpur, Bishanupur, PS- Town Thana, District- Begusarai, Bihar851129 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saroj Kumar Sharma For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-06-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Patna Rail P.S. Case No. 374 of 2019 dated 01.07.2019 registered for the offences punishable u/ss 401 and 414 of the IPC and sections 21(b) of the NDPS Act.

3. As per the prosecution case, total 50 pieces of intoxicated tablet of Ativan-2mg. and other items were recovered from the possession of the co-accused persons and the petitioner who fled away from the spot.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The said recovery was made from the possession of the co-accused person. The apprehended co-accused

Patna High Court CR. MISC. No.35742 of 2025(2) dt.17-06-2025 2/2 persons disclosed the name of the petitioner. The petitioner has four criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 22.02.2025. Similarly situated coaccused has already been granted bail by the co-ordinate bench of this court vide order dated 09.03.2022 passed in Cr. Misc. No. 8941 of 2022.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Patna Rail P.S. Case No. 374 of 2019, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T