Mithilesh Kamat And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42793 of 2017 Arising Out of PS.Case No. -120 Year- 2016 Thana -NIRMALI District- SUPAUL ======================================================

1. Mithilesh Kamat son of Satya Narayan Kamat,

2. Ranjeet Kumar son of Badri Kamat. Both are Resident of Nirmali, Ward No. 6, P.S.- Nirmali, District- Madhubani.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Manoj Kumar Jha, Advocate. For the Opposite Party : Mr. Sanjay Kumar Tiwary 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2017 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are languishing in custody since 19.04.2017 in a case for the offence registered under Sections 380 and 411 of the IPC.

The prosecution story, in brief, is that the some miscreants stolen away the household articles from the house of the informant.

It has been submitted by learned counsel for the petitioners that the petitioners have got no criminal antecedent. The charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the

Patna High Court Cr.Misc. No.42793 of 2017 (2) dt.20-09-2017 2/2 petitioners. Except for the confessional statement of the coaccused there is no other substantive evidence to suggest the implication of the petitioners. There is no compliance of Section 100 Cr. P.C. The recovered articles have not been put on T.I. Parade.

On behalf of the learned counsel for the State, it has been submitted that the petitioners are not named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Birpur, Supaul in connection with Nirmali P.S. Case No. 120 of 2016. U.K./- (Sudhir Singh, J) U T