Mithun Kumar @ Mithun Kr. Yadav @ Mithun Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51193 of 2021 Arising Out of PS. Case No.-660 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== MITHUN KUMAR @ MITHUN KR. YADAV @ MITHUN KUMAR YADAV S/o MATHURA RAY R/o VILLAGE - LAXMIPUR GADARIYA, P.S - TURKAULIYA (RAGHUNATHPUR), DISTRICT - EAST CHAMPARAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhurendra Kumar, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-02-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Turkauliya (Raghunathpur) P.S. Case No. 660 of 2019 instituted for the offences under Sections 302/34 of the Indian Penal Code read with Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 08.03.2021, charge-sheet has been submitted and has antecedent of two cases under the Excise Act. The informant alleges that while her husband had gone to purchase vegetable from the market, three unknown

Patna High Court CR. MISC. No.51193 of 2021(2) dt.03-02-2022 2/2 assailants fired at him causing two firearm injury near the right ear and one injury at the back and the husband of the informant died during the course of treatment.

Learned counsel for the petitioner submits that FIR is against unknown and the name of this petitioner transpired in the confessional statement of co-accused Bodhya Yadav who has been granted bail by order dated 04.06.2020 in Cr. Misc. No. 18255 of 2020.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted, name of the petitioner transpired in the confessional statement of co-accused and the co-accused has been granted bail as aforesaid, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Turkauliya (Raghunathpur) P.S. Case No. 660 of 2019. (Satyavrat Verma, J) Kundan/- U T