Patna High CourtCR. MISC./51068/2021bail granted

Mithun Kumar v. The State Of Bihar

2021-11-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51068 of 2021 Arising Out of PS. Case No.-435 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== Mithun Kumar Son of Sri Shiv Mahto Resident of Village - Lalu Nagar, P.S.- Bettiah Muffasil, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

29-11-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Majhaulia P.S. Case No. 435 of 2020, registered for the offence under Sections 399, 400, 402, 411, 413, 414 of the Indian Penal Code and Sections 25(1B)a, 26, 35 of the Arms Act. As per the F.I.R., two fired cartridges of .315 bore, one knife, one mobile of Oppo company and one motorcycle, bearing registration no. BR22J-8039 were recovered from the possession of the petitioner.

It is submitted on behalf of petitioner that no incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has been apprehended only on suspicion while he was coming from the

Patna High Court CR. MISC. No.51068 of 2021(2) dt.29-11-2021 2/2 house of his sister. It is further submitted that though, in paragraph - 3, it is stated that petitioner is accused in eight more cases, but in fact, after being arrested in present case, the petitioner was subsequently remanded in all other cases. Petitioner is in custody since 22.06.2020.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on 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, West Champaran at Bettiah in connection with Majhaulia P.S. Case No. 435 of 2020.

(Prabhat Kumar Singh, J) anay/- U T