Mithun Kumar Mandal @ Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42201 of 2024 Arising Out of PS. Case No.-453 Year-2021 Thana- FALKA District- Katihar ====================================================== MITHUN KUMAR MANDAL @ MITHUN KUMAR SON OF PANKAJ KUMAR MANDAL RESIDENT OF VILLAGE - BHANGAHA, P.S. - FALKA (POTHIA), DISTRICT - KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad For the Opposite Party/s :

Ms. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-07-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 307, 323, 341, 354, 379, 427, 504, 506 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant. It is next submitted that the police after threadbare investigation came to a considered conclusion that petitioner is innocent and thus submitted final form exonerating the petitioner of the allegation but then the learned trial court in a mechanical manner took cognizance as such the petitioner apprehends his arrest. The

Patna High Court CR. MISC. No.42201 of 2024(2) dt.25-07-2024 2/2 learned counsel next submits that when one investigating agency after threadbare investigation came to a considered conclusion that petitioner is innocent whether it would be prudent for the court to send the petitioner to jail based on order of cognizance, which came to be taken based on the same investigation which found the petitioner to be innocent.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Falka P.S. Case No.453/2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T