Mithilesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46094 of 2014 Arising Out of PS.Case No. -191 Year- 2014 Thana -JANDAHA District- VAISHALI(HAJIPUR) ====================================================== Mithilesh Singh, Son of Bishwanath Singh, Resident of village- Malikpura, P.S.- Goraul, Dist.- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 03-03-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Jandaha P.S. Case No. 191 of 2014 dated 06.08.2014 instituted under Sections 395 and 414 of the Indian Penal Code.

Learned counsel for the petitioner submits that he is not named in the First Information Report and only on the confessional statement of co-accused Vipul Kumar Patel he has been falsely implicated, though, there is no recovery from his possession. It is submitted that petitioner runs radio repairing shop in the village of the in-laws of Vipin Kumar Patel and there was some dispute with him regarding repairing charges due to which he has been falsely implicated and even the call details relate to talk regarding such repair. It is submitted that there has been no Test Identification Parade and the petitioner is accused only in one other case registered for the offence

Patna High Court Cr.Misc. No.46094 of 2014 (3) dt.03-03-2015 under Section 414 of the Indian Penal Code in which he is already on bail and besides that there is no other case against him. It is submitted that the petitioner is in custody since 08.08.2014.

Learned A.P.P. opposes the prayer for bail.

Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner 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 the learned Judicial Magistrate, Ist Class, Vaishali at Hajipur in Jandaha P.S. Case No. 191 of 2014. The petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner. The petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the trial and be present before the Court on each and every date. Failure to cooperate or appear on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.

(Ahsanuddin Amanullah, J.) P.K./- U T