This is a bail application in a dacoity case. The petitioner is in custody but not named in the F.I.R. and chargesheet is filed. The Court granted bail subject to furnishing a bond and sureties.
Released on bail on furnishing bond of Rs.10,000/- with two sureties of the like amount each.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56153 of 2021
Arising Out of PS. Case No.-550 Year-2019 Thana- BARH District- Patna
======================================================
Mithilesh Kumar @ Mithilesh Ram @ Mithlesh Kumar S/O Krishna Ram R/O Village-Neemtal, New Colony, P.S-Khushrupur, District-Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar, Advocate For the Opposite Party/s : Mr.Syed Ehteshamuddin, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
4 05-12-2022
Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Barh P.S. Case No. 550 of 2019 registered for the offence under Section 395 of the Indian Penal Code.
The accused/petitioner is not named in the F.I.R. and is in custody since 30.05.2020.
The allegation against the petitioner is to commit dacoity, alongwith other co-accused persons, while committing so taken away valuable goods total cost of Rs. 15,40,000/alongwith cash of Rs. 920/- and mobilephone belongs to informant.
Patna High Court CR. MISC. No.56153 of 2021(4) dt.05-12-2022 2/3
Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner surfaced on the basis of confessional statement of co-accused, namely, Vikash Kumar and Azad Kumar, where nothing surfaced/recovered during the course of investigation, which may connect this petitioner, prima facie , with present occurrence of dacoity. It is further submitted that petitioner involved in 5 more criminal cases and out of said suspicion arises out of criminal antecedents, where he is on bail in 4 cases, named in present case also, where in maximum of the cases, the name of petitioner surfaced on the basis of confessional statement, as of the present case. While concluding the argument, it has been submitted that investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, while opposing the prayer of bail fairly conceded the fact that petitioner is not named in F.I.R.
Considering the facts and circumstances as mentioned above, as no incriminating material recovered/surfaced to connect this petitioner with present occurrence, where petitioner is in custody since 30.05.2020 coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is
Patna High Court CR. MISC. No.56153 of 2021(4) dt.05-12-2022 3/3
directed to be released on bail in connection with Barh P.S. Case No. 550 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional C.J.M.-I, Barh, Patna/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.
(Chandra Shekhar Jha, J)
Archana/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a dacoity case where he is not named in the F.I.R. and investigation is completed.
1 provisions across 1 enactments
Mithilesh Kumar @ Mithilesh Ram @ Mithlesh Kumar S/O Krishna Ram
The State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
