Mithun Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52223 of 2016 Arising Out of PS.Case No. -41 Year- 2015 Thana -NTPC District- BHAGALPUR ======================================================

1. Mithun Mahto Son of late Tarni Mahto Resident of VillageMaheshamunda, P.S. Kahalgaon, District- Bhagalpur .... Petitioner

Versus

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

For the Petitioner : Mr. Ranjan Kumar Jha, Adv. For the Opposite Party : Mr. Bal Mukund Prasad Sinha, APP 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 07-12-2016 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offence under Section 394 of the Indian Penal Code.

The first information report relates to offence of theft at the point of fire arm by unknown criminals. Submission of the petitioner is that only on the basis of criminal record of the petitioner, available in the Police Station, he was arrested and his confessional statement was allegedly recorded by the police though nothing was recovered from the possession of the petitioner nor the petitioner has been put on test identification parade. The petitioner is in custody since 14.10.2016. Hence, having regard to the facts and circumstances of the case, the petitioner, above named, 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 in connection with Kahalgaon P.S. Case No. 41 of 2015 to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, or successor Court. As the charge has already been framed in this case, therefore, the petitioner shall cooperate with the trial, failing which the Court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) SA/- U √ T √