Mithilesh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.44766 of 2016 (2) dt.19-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44766 of 2016 Arising Out of PS.Case No. -742 Year- 2015 Thana -KANKARBAGH District- PATNA ======================================================

1. Mithilesh Kumar S/O Kameshwar Ram resident of Mohalla Budha Nagar Road No. 1, Kankarbagh District Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Sinha For the Opposite Party/s Mr. Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 19.10.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 461 and 379 of the Indian Penal Code.

Neither petitioner is named in the first information report nor anything appears to have been recovered from his conscious possession. The name of the petitioner came in this case in the confessional statement of co- accused Guddu Kumar who has already been granted privilege of bail by learned court below itself but it is surprising enough that the court below rejected the prayer for bail of the petitioner.

However, considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Sri Sumit Ray, Judicial

Patna High Court Cr.Misc. No.44766 of 2016 (2) dt.19-10-2016 Magistrate, Ist Class, Patna in Kankarbagh P.S. Case no. 742/2015. shahid (Hemant Kumar Srivastava,J) U T