Patna High CourtCR. MISC./43312/2019bail granted

Mitthu Kr. Jha @ Mithu Kumar Jha v. The State Of Bihar

2019-07-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43312 of 2019 Arising Out of PS. Case No.-14 Year-2019 Thana- BHAGALPUR RAIL P.S. DistrictBhagalpur ====================================================== MITTHU KR. JHA @ MITHU KUMAR JHA (Male), aged about 22 years, Son of Hari Kishore Jha, Resident of Village - Purab Tola Shiv Kumari Pahar Ward No.14, P.S.- Kahalgaon, Dist.- Bhagalpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Md. Najmul Hodda, Advocate.

For the Opposite Party :

Mr.Mukesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-07-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 25.01.2019 in a case for the offence registered under Sections 401 and 414 of the IPC.

The prosecution story, in brief, is that the informant alongwith other police personnel was on duty on the Platform. The Train No. 53041 Up Howrah Jainagar Passenger arrived at the Platform at 21.00 hours. He saw the petitioner pick pocketing. He was caught red handed. Upon search, several items including Mobile, cash amount and Blade were recovered. It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the

Patna High Court CR. MISC. No.43312 of 2019(2) dt.15-07-2019 2/2 present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. Cash Rs. 8200/-, one Mobile and Blade are said to have been recovered from possession of the petitioner. The same is claimed to be of the petitioner. The petitioner has been made accused in the present case due to mistake of fact.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Railway, Bhagalpur, in connection with Bhagalpur Rail P.S. Case No. 14 of 2019.

(Sudhir Singh, J) U.K./- U T