Mithlesh Kumar @ Don v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66299 of 2025 Arising Out of PS. Case No.-271 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Mithlesh Kumar @ Don S/o Vasudev Ray @ Bashudeo Ray R/o VillageChaksakra, P.S.- Sadar Hajipur, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhirendra Prasad Sinha For the Opposite Party/s :
Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-11-2025 Heard the parties.
2. The petitioner seeks bail in connection with Hajipur Sadar P.S. Case No. 271 of 2024 registered for the offence under Sections 394, 307, 302 of the Indian Penal Code and Section 27 of the Arms Act.
3. The petitioner is named in the F.I.R. and is in custody since 23.12.2024.
4. As per FIR, the informant is running a Customer Service Center (hereinafter referred to as 'CSC') of IDFC First Bank and her husband is a security guard. On the date of the occurrence, she was working at her CSC. Her husband has also returned from his duty and at about 03.55 PM, three
Patna High Court CR. MISC. No.66299 of 2025(2) dt.01-11-2025 2/3 miscreants on a red color bike being armed with weapon entered in the CSC. They pointed gun on the informant and started looting the cash from the CSC and when the informant and her son objected, accused persons started firing at them. The informant also received gunshot injury in his right leg. The husband of the informant received four gunshot injuries in his chest after that he rushed to the doctor where he was declared dead.
5. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is innocent and has committed no offense. He has falsely been implicated in this case. It is also submitted that the name of this petitioner has surfaced in the statement of co-accused namely, Vivek Kumar @ Bhako. From perusal of the confessional statement of Vivek Kumar, it transpires that no role is attributed to this petitioner in the occurrence, he is only associate. It is also submitted that no recovery and no TIP was conducted. While concluding the argument, it is submitted that petitioner is found involved in three more criminal cases where he is on bail and moreover, investigation of this case is completed, for
Patna High Court CR. MISC. No.66299 of 2025(2) dt.01-11-2025 3/3 which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP, opposed the prayer of bail.
7. In view of aforesaid facts and submission as discussed aforesaid coupled with fact that charge-sheet has already been submitted where petitioner remains in custody since 23.12.2024, accordingly petitioner above named, is directed to be released on bail in connection with Hajipur Sadar P.S. Case No. 271 of 2024 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Vaishali /concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS.
(Chandra Shekhar Jha, J) Sudha/- U T