Mithlesh Kumar @ Mithu Sir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62551 of 2017 Arising Out of PS.Case No. -118 Year- 2017 Thana -NALANDA District- NALANDA (BIHARSHARIFF) ======================================================

1. Mithlesh Kumar @ Mithu Sir, son of Sohrai Mahto, resident of VillageRaghubigha, P.S.- Nalanda, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Smt. Indu Bala Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-01-2018 Heard the parties.

The petitioner seeks regular bail in Nalanda P.S. Case No. 118 of 2017 registered for the offence under Sections 420, 467, 468 of the I.P.C. and Section 25(1-B)a, 26 of Arms Act. Allegation against the petitioner is that on secret information police officials raided the house of the petitioner and recovered two mobiles from his house as well as one country made pistol, twelve empty and two live cartridges were recovered. Submission of the learned counsel for the petitioner is that, in fact, earlier to lodging of this case the petitioner had filed his grievance against the district officials of taking bribe to the S.P. and thereafter it was sent for enquiry and thereafter the present case was filed in retaliation of the facts stated by the

Patna High Court Cr.Misc. No.62551 of 2017 (2) dt.11-01-2018 2/2 petitioner vide Annexures-2 and 4 and thereafter he has been arrested and false recovery has been affected and also one more case is against him.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Nalanda at Biharsharif, in Nalanda P.S. Case No. 118 of 2017, subject to the conditions that (1) one of the bailors must be local person having sufficient immovable property within the jurisdiction of the concerned court. (2) The petitioner will not induce any witness or tamper with the evidence. (3) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bond.

+ (Vinod Kumar Sinha, J) AnilKrSinha/- U