Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41656 of 2024 Arising Out of PS. Case No.-1 Year-2024 Thana- Sajore District- Bhagalpur ====================================================== Mithun Kumar Son Of Gopal Mandal @ Gokul Mandal Resident Of Athgama, P.S. - Sultanganj, District - Bhagalpur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajive Ranjan Singh For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 19-06-2024 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 Sajour P.S. Case No. 01 of 2024 dated 04.03.2024 registered for the offences punishable under sections 302/120B and 34 of the Indian Penal Code & section 27 of the Arms Act.

3. As per the prosecution case, the co-accused persons are alleged to have committed murder of the informant's son Mithilesh Kumar @ Mithun Kumar with the help of unknown miscreants under conspiracy.

4. 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. and his name has transpired in this case on the basis of the confessional

Patna High Court CR. MISC. No.41656 of 2024(2) dt.19-06-2024 2/2 statement of co-accused Saurabh Kumar Sah who had illicit relationship with wife of the deceased. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 05.03.2024.

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 abovenamed, 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, Bhagalpur in connection with Sajour P.S. Case No. 01 of 2024, with a condition:

(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) Ranjeet/- U T