Mithu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.658 of 2020 Arising Out of PS. Case No.-244 Year-2019 Thana- SACHIVALAYA District- Patna ====================================================== 1.

MITHU KUMAR Son of Surendra Manjhi 2.

Munna Kumar Son of Balmoti Manjhi Both petitioners are resident of Village - Hinduni, P.S.- Phulwari Sharif, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-01-2020 Heard learned counsel for the parties.

Petitioners seek bail in a case registered for the offence punishable under Sections 356 and 379 of the Indian Penal Code.

Informant has alleged that two unknown miscreants snatched away mobile from him while he was on his motorcycle.

On the basis of confessional statement of petitioner no.2, Munna Kumar, looted mobile was recovered from the possession of petitioner no.1, Mithu Kumar. As such, I am not inclined to grant bail to petitioners at this stage. Hence, the prayer for bail of the petitioners is hereby rejected.

Patna High Court CR. MISC. No.658 of 2020(2) dt.20-01-2020 2/2 However, after framing of charges by the court below, the petitioners named above be released on bail upon furnishing bail bond of Rs. 20,000/- each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Sachivalaya P.S. Case No. 244 of 2019 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the court below.

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

(S. Kumar, J) Sanjay/- U T