Mithu Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36255 of 2025 Arising Out of PS. Case No.-765 Year-2024 Thana- MAJHAULIA District- West Champaran ====================================================== Mithu Mahto S/o Paras Mahto R/o Vill.- Sariswa Bazar, P.S.- Majhaulia, Distt.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Gupta For the State :

Mr. J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 25-11-2025 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner apprehends his arrest in connection with Majhaulia P.S. Case No. 765 of 2024, registered for the offences punishable under Sections 331(4), 305 of BNS.

3. On 03.12.2024 at about 02:00 AM, some unknown persons broke into the informant's house. They broke a box and stole five items of jewellery worth 1,50,000 along with 15,000 ₹ ₹ cash. They also took away the informant's mobile set.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated. He is a person of clean antecedent. Nothing has been recovered from his possession and his name has figured in confessional statement of co-accused.

Patna High Court CR. MISC. No.36255 of 2025(3) dt.25-11-2025 2/2

5. On the other hand, Mr. J.N. Thakur, the learned APP for the State has opposed the prayer for bail and submitted that the stolen mobile set was recovered from co-accused Neeraj Kumar, who purchased the same from Md. Abare Alam. Thereafter, Md. Abare Alam was arrested and he confessed his guilt and also disclosed the complicity of the petitioner in the alleged occurrence.

6. It appears that except confessional statement of coaccused, there is nothing against the petitioner. He is a person of clean antecedent.

7. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Majhaulia P.S. Case No. 765 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J) kundan/- U T