Mithilesh Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39747 of 2019 Arising Out of PS. Case No.-198 Year-2018 Thana- KHARIK District- Bhagalpur ====================================================== MITHILESH PANDIT, Son of Bhola Pandit @ Puran Pandit, Resident of Village- Khajuri, Police Station-Sour Bazar (Baijnathpur), District-Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 26-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Kharik P.S. Case No.198 of 2018 instituted for the offence under Section(s) 413, 414 Indian Penal Code.

Counsel for the petitioner submits that there is no recovery of any incriminating article from possession of the petitioner. Name of the petitioner has been disclosed by coaccused, Maheshwar Pandit. In the written report, it is alleged that police recovered five motorcycles from house of Maheshwar Pandit, who disclosed name of other accused persons including petitioner. It is further alleged that on disclosure of Maheshwar Pandit, police raided the house of Lakhan Pandit and recovered one

Patna High Court CR. MISC. No.39747 of 2019(3) dt.26-08-2019 2/2 motorcycle from his house.

In this manner, there is no recovery of any motorcycle from possession of the petitioner.

Petitioner is in custody since 02.04.2019.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 the Additional Chief Judicial Magistrate, III, Naugachiya, in connection with Kharik P.S. Case No.198 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- U T