Mithilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70934 of 2021 Arising Out of PS. Case No.-45 Year-2017 Thana- BARH District- Patna ====================================================== Mithilesh Kumar Son of Suraj Rai Resident of Village - Mekra, P.S.- Mokama, District - Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Rita Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

This is an application for grant of anticipatory bail in connection with Barh P.S. Case No. 45 of 2017 corresponding G.R. No. 252 of 2017 registered for the offences punishable under Sections 420, 467, 468, and 471 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence. He has falsely been implicated in this case. It is further submitted that the co-accused Chhotan Kumar against whom electricity bill of Rs. 80,362.50/- was due had already been deposited and co-accused Prabhat Kumar has also been granted anticipatory bail vide order

Patna High Court CR. MISC. No.70934 of 2021(2) dt.07-06-2022 2/2 dated 28.11.2020 passed in A.B.P. No. 3672 of 2020 by learned Additional District and Sessions Judge-V, Barh. Learned counsel for the petitioner further submits that the petitioner has no concern with this case, however, his name has been mentioned as accused in this case and he has no criminal antecedent.

Learned A.P.P. for the State has opposed the prayer of bail application of the petitioner.

Considering the fact that co-accused Chhotan Kumar had already deposited the rest amount and one of the co-accused Prabhat Kumar has been granted anticipatory bail by the learned court and petitioner has no criminal antecedent, let the petitioner, above named, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Barh, District Patna in connection with Barh P.S. Case No. 45 of 2017, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Sunil Dutta Mishra, J) ved/- U T