Mithun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72800 of 2024 Arising Out of PS. Case No.-144 Year-2024 Thana- DEWARIA District- Muzaffarpur ====================================================== Mithun Kumar S/o Ganesh Ram R/o Village- Kazi Mohammadpur, P.S.- Paroo, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 17-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 379 and 356 of the Indian Penal Code.
3. As per the prosecution story, the informant is working in a finance company who has alleged that on the alleged date and time of occurrence an unknown person has picked his pocket and ran away with a sum of Rs. 2,60,407/- he also bring some documents and a mobile with him.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.72800 of 2024(2) dt.17-10-2024 2/3 case and the petitioner is in custody since 08.07.2024.It is further submitted that the petitioner is not named in the F.I.R. His name has come in the confessional statement of co-accused Akhilesh Kumar and the petitioner has no concern with the other accused
5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and the period of custody, 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 Additional Chief Judicial Magistrate 5th Muzaffarpur in connection with Deoriya P.S. Case No. 144 of 2024, subject to the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner.
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself; (iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences,
Patna High Court CR. MISC. No.72800 of 2024(2) dt.17-10-2024 3/3 failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (S. B. Pd. Singh, J) Ankit Kumar/- U T