Mithilesh Kumar Sah @ Mithilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10233 of 2016 Arising Out of PS.Case No. -133 Year- 2015 Thana -BHELDI District- SARAN ======================================================

1. Mithilesh Kumar Sah @ Mithilesh Kumar S/o Lal Babu Sah, Resident of Nawada, Bedwaliya, P.S.- Derni, District- Saran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dewendra Narayan Singh For the Opposite Party/s : Mr. Surendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-04-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 413 and 414 of the I.P.C Allegedly, from possession of the petitioner one Hero Honda Splender pro motorcycle and one country made loaded pistol besides one more cartridge were recovered. Submission is of false implication and that the petitioner has been made victim of the circumstances, he has been made accused in two more cases, in this case co-accused Ajay Rai @ Ajay Kumar @ Ajay Kumar Rai, who was also caught with the petitioner, has already been allowed bail vide Cr. Misc. No. 13324 of 2016.

Patna High Court Cr.Misc. No.10233 of 2016 (3) dt.18-04-2016 2/2 The learned A.P.P. opposes prayer for bail.

In the facts and circumstances as stated above, considering that co-accused Ajay Rai @ Ajay Kumar @ Ajay Kumar Rai has been allowed bail by another coordinate Bench of this Court and as such the petitioner is also directed to 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 C.J.M. Saran at Chapra in Bheldi P.S. Case No. 133 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) Abhay/- U T