Mithun Kumar @ Mithun Yadav @ Mithun Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 61563 of 2017 Arising Out of PS.Case No. -401 Year- 2017 Thana -KAHALGAON District- BHAGALPUR ====================================================== MITHUN KUMAR @ MITHUN YADAV @ MITHUN KUMAR YADAV S/o Bachchi Yadav @ Shashwat Yadav, R/o Village- Budhuchak, P.S.- Budhuchak, Distt.- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr Swapnil Kumar Singh, Advocate For the S t a t e : Mr Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 17-02-2018 Heard counsel for the petitioner and the State. Petitioner seeks bail in a case registered under Sections 364A/34 of Indian Penal Code.

Counsel for the petitioner submits that the first information report has been lodged against unknown and the petitioner has been falsely implicated in this case. It is submitted that the entire occurrence is false and concocted and that the petitioner has been implicated in this case only on the basis of his confessional statement. Claiming parity with Aman Jha @ Shashi Shekhar Jha, who has been allowed bail by the Court of Sessions vide order dated 22.12.2017, it is submitted that the allegations are against all the persons including the said Aman Jha @ Shashi

Patna High Court Cr.Misc. No.61563 of 2017 (3) dt.17-02-2018 2/2 Shekhar Jha. Petitioner has no prior criminal antecedent and he is a student and is in custody since 29.07.2017. Considering the aforesaid submissions, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in Kahalgaon Police Station Case No 401 of 2017 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T