Mithun Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72602 of 2019 Arising Out of PS. Case No.-254 Year-2019 Thana- BAKHARI District- Begusarai ====================================================== MITHUN MUKHIYA Son of Phulo Mukhiya @ Phuleshwar Mukhiya Resident of Village - Jailakh, Shakarpura, P.S.- Bakhari, District- Begusarai ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ajay Kumar Sinha, Advocate For the Opposite Party :

Asha Devi, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-11-2019 Heard learned counsel for the parties.

Petitioner apprehends arrest in a case registered for the offence under sections 457,380 & 411 of the Indian Penal Code.

Some unknown miscreants committed theft in the General Store of the informant and took away materials worth Rs.32,000/- and cash Rs.2,000/-.

It is submitted on behalf of the petitioner that there is no eye witness to the occurrence, nothing incriminating has been recovered from his possession and he has been arrested by the police on 27.8.2019 on suspicion. Petitioner has not been put on test identification parade (TIP) till date. Prayer for bail of petitioner is allowed. In the event of arrest/surrender within six weeks, let the petitioner as named above be released on bail on their furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in Bakhri Police Station Case No. 254 fo 2019, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.72602 of 2019(2) dt.27-11-2019 2/2 properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T