Mithilesh Kumar Singh@Mithlesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32534 of 2019 Arising Out of PS. Case No.-194 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== MITHILESH KUMAR SINGH @ MITHLESH SINGH Son of Late Awadhesh Singh @ Late Awadhesh Prasad Singh Resident of Village - Nawada, P.S.- Jaitpur, Dist.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Chandra Gandhi For the Opposite Party/s :
Mrs. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-06-2019 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in Saraiya P.S. Case No. 194 of 2019, instituted for the offence under Section(s) 414, 467, 468, 471, 472, 419, 420, 171, 120(B) of the Indian Penal Code and Section 25(1-B)a of Arms Act.
It is alleged in the written report that on 29.3.2019 at about 3:10 a.m. during patrolling duty, informant, S.H.O., Jaitpur O.P. received secret information that accused Mithilesh Singh had kept stolen vehicles and indulged in sale and purchase of illegal arms and used to provide shelter to criminals. On such information, informant raided the house of Mithilesh Singh and arrested four persons from his house. On
Patna High Court CR. MISC. No.32534 of 2019(3) dt.28-06-2019 2/3 query, they disclosed their names as Subhash Chandra Singh, Aditya @ Niraj Kumar Singh, Baidyanath Mahto Prem Shankar Singh @ Tunna Singh and Mithilesh Kumar Singh (petitioner), It is alleged that from the possession of petitioner one double barrel gun with 19 live cartridges were recovered. The police recovered four vehicles and cash of Rs.4,96,490/ from the place of occurrence.
Supplementary affidavit has been filed on behalf of the petitioner stating that two of the seized vehicles have already been released and for release of two vehicles, the release petitions are pending. The photocopy of release petitions have been enclosed as Annnexure-6 series with the supplementary affidavit. It is also submitted in the supplementary affidavit that gun has also been released in favour of licensee Subhash Chandra Singh. The owner of gun has not stated anywhere that his gun was ever stolen or misused by any other person.
Counsel for the petitioner submits that other coaccused have already been granted bail by this Court vide orders dated 15.5.2019 and16.5.2019 passed in Cr. Misc. 32590 of 2019 respectively.
Petitioner is in custody since 30.3.2019.
Patna High Court CR. MISC. No.32534 of 2019(3) dt.28-06-2019 3/3 Considering the aforesaid facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner above named, 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 Additional Chief Judicial Magistrate-1st (West), Muzaffarpur, in connection with Saraiya P.S. Case No. 194 of 2019, subject to the condition that both the bailors will be the close relatives of the petitioner.
(Sanjay Priya, J) S.Ali/- U T