Mithun Kumar @ Lal @ Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58076 of 2024 Arising Out of PS. Case No.-49 Year-2024 Thana- KASIMBAZAR District- Munger ====================================================== Mithun Kumar @ Lal @ Raj Kumar Son Of Shankar Prasad Ray Resident Of Shastri Nagar, P.S. - Kashim Bajar, District - Munger ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Manoj Kumar Son Of Madav Prasad Yadav Resident Of Village - Puraniganj Yadav Tola, P.S. - Kashim Bajar, District - Munger ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 16-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 354A, 307, 504, 506 and 34 of the Indian Penal Code, Section 27 of the Arms Act and Section 8/12 of POCSO Act.

3. The case of the prosecution is that the niece of the informant informed him that this petitioner along with other coaccused persons attempted to molest her when the informant along with his family members went to complain it is alleged that Mithun Kumar( petitioner) made a fire which hit one Ayush Raj.

Patna High Court CR. MISC. No.58076 of 2024(4) dt.16-01-2025 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. From perusal of the injury report of injured Ayush Raj who has received superficial injury on his neck. Learned counsel for the petitioner further submitted that trial has started and during the trial, informant has turned hostile. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 13.03.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kasim Bazar P.S. Case No. 49 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, (POCSO Act)-cum-ADJ-IV, Munger.

(Ashok Kumar Pandey, J) shubham/- U T