Bharat Bhushan @ Miththu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 26841 of 2016 Arising Out of PS.Case No. -381 Year- 2015 Thana -MADHUBAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Bharat Bhushan @ Miththu son of Om Prakash Singh, resident of VillagePardeshiya, P.S- Shivhar, District- East Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s : Mr. Mujtabaul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

13-07-2016 Heard Sri Abhishek Kumar, learned counsel for the petitioner and Mr. M. Haque, learned Addl. Public Prosecutor. The sole petitioner, who is in custody in Madhuban P.S Case No. 381 of 2015 registered for the offence under Section 392 of the Indian Penal Code, has prayed for grant of bail. It was submitted by learned counsel for the petitioner that F.I.R. was lodged against unknown, however; subsequently only on suspicion and confessional statement of one Sunny Kumar Singh @ Sunny Singh, petitioner's name has transpired. By way of referring to Annexure - 2 i.e. order dated 28-03-2016 passed in Cr. Misc. No. 12763 of 2015, he submits that co-accused namely Sunny Kumar Singh @ Sunny Singh has already been extended the privilege of bail.

Patna High Court Cr.Misc. No.26841 of 2016 (2) dt.13-07-2016 2/2 Keeping in view the fact that petitioner's name has surfaced on the basis of confession of Sunny Singh, who has already been granted bail, there is no reason to refuse the prayer for bail of petitioner.

Accordingly, let the petitioner namely Bharat Bhushan @ Miththu be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran in connection with Madhuban P.S. Case No. 381 of 2015 on condition that one of the bailor must be blood relation of the petitioner and during trial, the petitioner shall remain physically present on each and every date. If continuously on two dates, without prior permission of the trial court, he fails to appear before the court below, his bail bond shall stand automatically cancelled.

(Rakesh Kumar, J.) Anay U T