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Patna High CourtCR. MISC./40169/2019bail granted

Mithilesh Kumar @ Butta @ Bullu v. The State Of Bihar

2019-08-29Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40169 of 2019 Arising Out of PS. Case No.-343 Year-2018 Thana- ARWAL District- Jehanabad ====================================================== MITHILESH KUMAR @ BUTTA @ BULLU, son of Gorakh Ram, Resident of Village- Ojha Bigha, Baidrabad, P.S.- Arwal, District- Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nagendra Prasad, APP For the Informant :

Mr. Sunil Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 29-08-2019 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the informant. Petitioner seeks bail in Arwal P.S. Case No.343 of 2018 instituted for the offence under Section(s) 302, 201, 120B/34 Indian Penal Code. Counsel for the petitioner submits that there is no eye witness to the occurrence. Name of this petitioner has been taken by co-accused Govind Choudhary during investigation. Counsel for the informant submits that police has recorded confessional statement of this petitioner. Govind Chaudhary in his confessional statement has levelled allegation against the petitioner.

In the written report, it is alleged that wife of the

Patna High Court CR. MISC. No.40169 of 2019(3) dt.29-08-2019 2/2 deceased, Yashoda Devi, was having illicit relationship with Govind Chaudhary. The informant has raised suspicion that Yasodha Devi and Govind Chaudhary have committed murder of his brother.

Counsel for the petitioner further submits that coaccused, Yasoda Devi, has already been granted regular bail by co-ordinate Bench of this Court by order dated 08.08.2019 passed in Cr. Misc. No.49447 of 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 Munsif, Arwal, in connection with Arwal P.S. Case No.343 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner. (Sanjay Priya, J) J. Alam/- U T