Patna High CourtCR. MISC./62059/2023allowed

Mithlesh Kumar v. The State Of Bihar

2023-09-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62059 of 2023 Arising Out of PS. Case No.-50 Year-2023 Thana- MOKAMAH District- Patna ====================================================== MITHLESH KUMAR son of Kiro Mahto @ Kiro Bind Village- Barhpur Bind Toli Ps- Mokama Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Kashyap For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-09-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 379, 399, 402 of the Indian Penal Code and 25(1-b)a, 26, 35 of the Arms Act.

3. As per prosecution case, the co-accused persons were apprehended on the spot and from their possession several incriminating articles along with a motorcycle were recovered and they also confessed name of the petitioner as their associate.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused. Neither the petitioner was

Patna High Court CR. MISC. No.62059 of 2023(2) dt.20-09-2023 2/2 apprehended on the spot nor he was put on TIP. It is further submitted that no incriminating article has been recovered from his conscious possession. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 12.07.2023 passed in Cr. Misc. No. 40410 of 2023. Moreover, the petitioner is languishing in judicial custody since 05.07.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mokama P.S. Case No. 50 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court.

(Sunil Kumar Panwar, J) Manishkr/- U T