Mithilesh Kumar @ Mithlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50208 of 2019 Arising Out of PS. Case No.-236 Year-2016 Thana- WARISLIGANJ District- Nawada ====================================================== MITHILESH KUMAR @ MITHLESH KUMAR, Son of Basudeo Prasad, Resident of Village - Khalsa Dhivri, P.S.- Muffasil, Distt - Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Ranjan For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 17-08-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Warisaliganj P.S. Case No.236 of 2016 instituted for the offence under Section(s) 467, 468, 471, 420/34 Indian Penal Code and Section 66 of Information Technology Act.

Counsel for the petitioner submits that Petitioner is in custody since 04.01.2017.

In the written report, it is alleged that SI of Warisaligan PS was Investigating Officer of Warisaliganj P.S. Case No.182 of 2016. During course of investigation, as per CD Report, it was found that two mobile phones, as mentioned in written report, were used for kidnapping, murder and concealing the evidence. It was found that one of the mobile No.

Patna High Court CR. MISC. No.50208 of 2019(2) dt.17-08-2019 2/2 7739657561 was issued in the name of Pintu Vishwakarma and Mobile No.7274065001 was issued in the name of Shanti Devi. During course of investigation, it further transpired that Mobile No.7739657561 was used by Mithilesh Kumar (petitioner) and Mobile No.7274065001 was used by Guddu Kumar, which were purchased on forged documents.

Counsel for the petitioner submits that petitioner has no knowledge that aforesaid mobile was purchased on false papers.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Nawada, in connection with Warisaliganj P.S. Case No.236 of 2016, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T