Patna High CourtCR. MISC./52723/2016rejected

Mithilesh Kumar @ Mithlesh Kumar v. The State Of Bihar

2017-01-11Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52723 of 2016 Arising Out of PS.Case No. -9 Year- 2016 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Mithilesh Kumar @ Mithlesh Kumar, Son of Ashok Sahani, Resident of Village- Naya Tola, Bardaha, P.S.- Muffasil, District- East Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mr. Umeshnand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 6 29-03-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Mufasil P.S. Case No. 9 of 2016 registered under Sections 401 and 414 of the Indian Penal Code.

It is submitted that though charge-sheet along with the case diary was submitted on 8th March, 2016, the charges have not been framed till date.

A report was called for from the court below regarding the stage of the case. On perusal of the report, I find the submission made by the learned counsel for the petitioner to

Patna High Court Cr.Misc. No.52723 of 2016 (6) dt.29-03-2017 2 / 2 be correct. It would also be evident from the record that the petitioner was not being produced before the court on the dates fixed on several occasions and it is not known as to how he was being kept in custody even without there being any valid order of remand.

Considering the facts and circumstances of the case, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Mufasil P.S. Case No. 9 of 2016. (Ashwani Kumar Singh, J.) Sanjeet/- U T