Mithilesh Kumar @ Chhote @ Mithlesh Kumar @ Chhotu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44733 of 2023 Arising Out of PS. Case No.-265 Year-2021 Thana- JADIA District- Supaul ====================================================== Mithilesh Kumar @ Chhote @ Mithlesh Kumar @ Chhotu Son Of Tejnarayann Yadav Resident Of Village- Raybhir Ward No. 11, PsShankarpur, District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amarnath Jha For the Opposite Party/s :
Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.
The allegation against the petitioner along with other co-accused persons is of committing robbery of Rs. 27,400/- and some documents from the informant.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case on the basis of confessional statement of other co-accused person, namely,
Patna High Court CR. MISC. No.44733 of 2023(2) dt.28-07-2023 2/2 Vikash Kumar before the police who has already been granted bail by the different co-ordinate Bench of this Court vide order dated 12.07.2023 in Cr. Misc. No. 37622 of 2023. It is further submitted that nothing has been recovered from the conscious possession of the petitioner and also he has not been put on TIP till date. Moreover, he is languishing in judicial custody since 14.09.2022.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Jadia P.S. Case No. 265 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM V Supaul.
(Sunil Kumar Panwar, J) shubham/- U T