Mithun Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.37877 of 2017 (2) dt.09-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37877 of 2017 Arising Out of PS.Case No. -358 Year- 2017 Thana -MADHEPURA District- MADHEPURA ====================================================== Mithun Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raja Surendra Mohan For the Opposite Party/s : Mr. Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-08-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Madhepura P.S. Case No. 358 of 2017 instituted for the offence under Section-392 of the Indian Penal Code.

It has been submitted that the petitioner is not named in the first information report. The name of the petitioner has been disclosed by co-accused Banti in his confessional statement which is available in paragraph-37 of the case diary, by which, he has stated that he has sold one tab to this petitioner. The petitioner in his confessional statement has admitted that he has purchased the aforesaid tab from co-accused Banti. The petitioner is a bona fide purchaser of the tab from coaccused Banti. The petitioner has no concern with the occurrence as alleged in the first information report.

In such circumstances, prayer for bail is allowed. The petitioner named above is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like

Patna High Court Cr.Misc. No.37877 of 2017 (2) dt.09-08-2017 amount each in connection with Madhepura P.S. Case No. 358 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Madhepura subject to condition that both the bailors should be close relative of the petitioner.

(Sanjay Priya, J) A.K.V./- U T