Mehilal Kumar @ Amit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48091 of 2025 Arising Out of PS. Case No.-79 Year-2023 Thana- MAHINDWARA District- Sitamarhi ====================================================== Mehilal Kumar @ Amit Kumar S/o Mahindra Sah R/o Village- Tariyani Chhapara, Ward No. 3, Siropati, P.S.- Belsand District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dilip Kumar Roy, Advocate For the State :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Mahindwara P.S. Case No. 79 of 2023, dated 30.05.2023, registered for the offences punishable under Section 392 of the Indian Penal Code.
3. As per allegation, the informant was robbed by three unknown persons having mask on their face, riding on a Apache Motorcycle. The motorcycle, mobile with sim, cash of Rs. 8,000/-, Pan Card and Aadhar Card were snatched by the three unknown persons from the informant.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that the FIR has been lodged against
Patna High Court CR. MISC. No.48091 of 2025(2) dt.30-07-2025 2/3 unknown persons and name of the petitioner has transpired only on the basis of suspicion. The petitioner has nothing to do with the alleged offence and no recovery has been made from the possession of the petitioner, nor any TIP has been conducted against him.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has two criminal antecedents.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Mahindwara P.S. Case No. 79 of 2023, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S.,
Patna High Court CR. MISC. No.48091 of 2025(2) dt.30-07-2025 3/3 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) shoaib/- U T