Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43663 of 2022 Arising Out of PS. Case No.-81 Year-2022 Thana- SHEKHPURA District- Sheikhpura ====================================================== Mithun Kumar S/O Ramdev Yadav Resident of village- Pratappur P.S.- Halsi, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Opposite Party/s :

Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks regular bail in connection with Sheikhpura (Sirari O.P.) P.S. Case No. 81 of 2022 registered for the offences punishable under Sections 379 and 414 of the Indian Penal Code.

As per the prosecution, the informant along with other police personnel after police personnel acting upon on an information apprehended this petitioner and from his possession two motorcycles and a mobile phone were recovered which are stated to be stolen and he is part of a gang of thieves. The main submissions advanced by learned counsel

Patna High Court CR. MISC. No.43663 of 2022(2) dt.24-11-2022 2/2 Mr. Manoj Kumar, appearing for the petitioner are that against the petitioner there is criminal antecedent of one case in which he is on bail and he has been languishing in jail since 02.03.2022 and several co-accused persons carrying similar nature of allegation have been granted bail by different Benches including this Bench of this Court vide orders passed in Cr. Misc. No. 23331 of 2022, Cr. Misc. No. 25069 of 2022, Cr. Misc. No. 29366 of 2022 and Cr. Misc. No. 32062 of 2022. Learned APP Mr. Md. Matloob Rab, appearing for the State has opposed the prayer for bail.

Considering above submissions and mainly taking into account the petitioner's custody period and also the fact that several similarly situated co-accused persons are on bail as discussed above, in the opinion of this Court the petitioner deserves to a lenient approach of this Court. Accordingly, let the petitioner be enlarged 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 Court concerned in connection with Sheikhpura (Sirari O.P.) P.S. Case No. 81 of 2022. (Shailendra Singh, J.) maynaz/- U T