Mithlesh Kumar @ Chhotu @ Mithilesh Kumar @ Chotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36665 of 2023 Arising Out of PS. Case No.-16 Year-2022 Thana- JADIA District- Supaul ====================================================== MITHLESH KUMAR @ CHHOTU @ MITHILESH KUMAR @ CHOTU Son of Tejnarayann Yadav Resident of village - Raibhir ward no. 11, P.S. - Shankarpur, Distt. - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha, Advocate For the Opposite Party/s :

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Jadiya P.S. Case No. 16 of 2022 dated 10.01.2022 registered for the offences punishable u/s 392 of the Indian Penal Code.

As per the prosecution case, two unknown miscreants boarded on a motorcycle came and intercepted the motorcycle of the informant. The pillion rider of the said

Patna High Court CR. MISC. No.36665 of 2023(2) dt.07-07-2023 2/3 motorcycle snatched Rs. 50,000/-, Aadhar card and PAN card from the informant on the gun point.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. Nothing has been recovered from the conscious possession of the petitioner. No T.I.P. has been conducted by the prosecution. The petitioner is also accused in six other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 16.06.2022.

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

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, Supaul in connection with Jadiya P.S. Case No. 16 of 2022 with the condition :-

1. The petitioner is directed to remain physically present before the learned Court below on each

Patna High Court CR. MISC. No.36665 of 2023(2) dt.07-07-2023 3/3 and every date, failing which on two consecutive dates without reasonable cause, his bail bonds are liable to be cancelled.

The application stands allowed.

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