Mithun Pathak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52774 of 2022 Arising Out of PS. Case No.-56 Year-2021 Thana- BATH District- Bhagalpur ====================================================== MITHUN PATHAK SON OF LATE NAKUL PATHAK RESIDENT OF VILLAGE- KODANDA, P.S. SHAHKUND, DISTRICT- BHAGALPUR ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjan Kumar Jha For the Opposite Party/s :
Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 22-12-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Bath P.S. Case No. 56/2021 registered for the offences punishable under Section 392 of the Indian Penal Code.
As per prosecution case, the informant was going to his house on his motorcycle then three persons on a Bullet motorcycle overtook and snatched the informant's motorcycle. It is stated by the villager that the petitioner was one among them who fled away from the place of occurrence.
Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case
Patna High Court CR. MISC. No.52774 of 2022(2) dt.22-12-2022 2/3 due to suspicion and dirty village politics. The petitioner is languishing in custody since 05.04.2022 and bears criminal antecedent of six cases and in all cases he is on bail. The petitioner is not apprehended on the spot and no incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has not been put on T.I. Parade till date. He further submits that charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence. On similar allegation co-accused, Anish Kumar @ Anish Kumar Singh has already been granted bail by this Court vide Cr. Misc. No.20301/2022 as mentioned in Annexure-2 of the bail petition.
The learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody, on similar allegation co-accused has already been granted bail, charge sheet has already been submitted in this case and there is no likelihood of tampering with the prosecution evidence argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional
Patna High Court CR. MISC. No.52774 of 2022(2) dt.22-12-2022 3/3 Chief Judicial Magistrate-XIII, Bhagalpur in connection with Bath P.S. Case No. 56/2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(iv) Petitioner shall furnish mobile number at the time of furnishing bail bond and the said mobile number shall continue in operating condition till disposal of the case and he shall get his presence marked before the officer-in-charge of the concerned police station on the first Tuesday of every month. (v) Petitioner shall not live the territorial jurisdiction of the concerned trial court without appropriate permission of the court concerned.
(Alok Kumar Pandey, J) amitkumar/- U T