Mithun Kumar @Mithun Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48471 of 2023 Arising Out of PS. Case No.-22 Year-2023 Thana- BIHARIGANJ District- Madhepura ====================================================== MITHUN KUMAR @MITHUN SAH SON OF LATE VIDYANAND SAH RESIDENT OF VILLAGE-PERMANANDPUR, WARD NO. 10, PSBIHARIGANJ, DISTT- MADHEPURA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Prasad Verma, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-08-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

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

3. The petitioner has preferred this application for grant of regular bail in connection with Bihariganj P.S Case No. 22 of 2023 dated 25.01.2023 registered for the offence punishable u/s 341, 323, 307, 379, 504, 506/34 of the Indian Penal Code.

4. As per the prosecution case, it is alleged that the petitioner and the co-accused persons entered the house of the informant and assaulted her husband with iron rod on his head. It is further alleged that the accused persons also looted cash,

Patna High Court CR. MISC. No.48471 of 2023(2) dt.08-08-2023 2/2 earring, chain and other articles from the house of the informant.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 01.02.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Udakishunganj, Madhepura in connection with Bihariganj P.S. Case No. 22 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) ravikr/- U T