Patna High CourtCR. MISC./62353/2024bail granted

Mithilesh Kumar v. The State Of Bihar

2024-09-18Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62353 of 2024 Arising Out of PS. Case No.-101 Year-2024 Thana- PRATAPGANJ District- Supaul ====================================================== Mithilesh Kumar Son of Sadanand Yadav Village- Kolhua, Ward No. 07, P.S.- Shankarpur, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Prasad Verma, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. Learned counsel for the petitioner is permitted to make necessary correction in prayer portion of the bail petition in course of the day.

3. The petitioner has preferred this application for grant of regular bail in connection with Pratapganj P.S. Case No. 101 of 2024 dated 04.06.2024 registered for the offences punishable under Sections 25(1-B)(a), 26 and 35 of the Arms Act.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have committed loot

Patna High Court CR. MISC. No.62353 of 2024(2) dt.18-09-2024 2/3 of Rs. 25,000/- from the micro finance staff. Rs. 1000/- was recovered from the possession of the petitioner.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating article has been recovered from the possession of the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has one criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 04.06.2024.

6. Learned A.P.P. for the State has opposed the bail petition of the petitioner and submitted that Rs. 1,000/- was recovered from the possession of the petitioner. The incriminating article has also been recovered from the possession of the co-accused.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Birpur, Pratapganj in

Patna High Court CR. MISC. No.62353 of 2024(2) dt.18-09-2024 3/3 connection with Pratapganj P.S. Case No. 101 of 2024.

8. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T