Patna High CourtCR. MISC./55486/2019bail granted

Mithun Kumar v. The State Of Bihar

2019-09-18Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55486 of 2019 Arising Out of PS. Case No.-158 Year-2019 Thana- CHAUSA District- Madhepura ====================================================== MITHUN KUMAR Son of Arvind Sharma @ Bucho Sharma Resident of Village- Ghosai, P.S.- Chausa, District- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Prasad Verma For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-09-2019 Heard learned counsel for the petitioner and learned A.P.P. appearing on behalf of the State.

The petitioner is in custody since 12.06.2019 in connection with Chausa P.S. Case No.158/2019 registered for the offence punishable under Sections 392/414 of the IPC. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in connection with the present case and the vehicle in question was taken away by one co-accused Sikandar Yadav. The petitioner has no role to play in the alleged theft of the maize, which was loaded on the trailer of the informant as the allegation against him is of torsioning the tractor in question and helping the said Sikandar Yadav in taking away the trailor which was loaded with maize. Therefore, the petitioner may not be implicated and prosecuted in connection

Patna High Court CR. MISC. No.55486 of 2019(2) dt.18-09-2019 2/2 with the present case. He further submits that the recovery of the maize which was stolen was from one Ajay Sharma and not the present petitioner. It is further submitted that the said Ajay Sharma has since been extended the privilege of bail in Cr. Misc. No.52727/2019 vide order dated 30.08.2019. Learned counsel for the petitioner also submits that the present petitioner has no criminal antecedent and thus, may be extended the same privilege.

Considering the aforementioned facts and circumstances and that the petitioner is in custody since 12.06.2019, let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Udakishuganj, Madhepura in connection with Chausa P.S. Case No.158/2019.

(Anjana Mishra, J) Prakash Narayan /- U T