Allowed

Mithun Kumar v. the State of Bihar

Patna HC3 May 2023CR. MISC./6888/2023

Case brief

AI extract

What is this about?

The petitioner, arrested for offences under the Arms Act and IPC, sought bail. The court, considering the period of custody and submission of the charge sheet, granted bail subject to standard conditions including a monetary bond and sureties.

What did the court decide?

Petitioner directed to be released on bail upon furnishing a bail bond of Rs. 20,000 with two sureties of the like amount each.

Mithun Kumar Vs the State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6888 of 2023

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Arising Out of PS. Case No.-245 Year-2022 Thana- GORAUL District- Vaishali

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======================================================

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Mithun Kumar S/O Hari Shankar Singh Resident of Village- Singhara, P.S.Mahua, District- Vaishali.

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Shyameshwar Kumar Singh, Advocate For the Opposite Party/s : Mr.Murli Dhar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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2 03-05-2023

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Heard learned counsel for the petitioner and learned

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APP for the State.

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In the present case, the petitioner seeks bail in connection with Goraul (Katahra O.P.) P.S. Case No. 245 of 2022 registered on 11.06.2022 for the alleged offences under Section 414 of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act.

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As per prosecution case, police received secret information about assembly of some miscreants and a raid was conducted at the identified plae. Three persons tried to flee away on the motorcycle who were apprehended by the police personnel and petitioner is one of the apprehended persons. From the possession of the petitioner a big knife and a live cartridge were recovered. From the other apprehended persons

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Patna High Court CR. MISC. No.6888 of 2023(2) dt.03-05-2023 2/3

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country made katta and live cartridges were recovered.

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Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Neither the petitioner was present at the place of occurrence nor anything has been recovered from the conscious posession of the petitioner. The pettiioner has no concern with the seized motorcycle. The petitioner is in custody since 12.06. 2022 and charge sheet has been submitted.

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Learned APP opposes the prayer for bail submitting that the petitioner is having criminal antecedent.

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Having regard to the facts and circumstances and submissions made on behalf of the parties and considering his period of custody and submission of charge sheet, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate- 1^st , Vaishali at Hajipur in connection with Goraul (Katahra O.P.) P.S. Case No. 245 of 2022, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :

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(i) One of the bailors will be a close relative of the petitioner.

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Patna High Court CR. MISC. No.6888 of 2023(2) dt.03-05-2023 3/3

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(ii) The petitioner will remain present on each and every date fixed by the court below.

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(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

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(Arun Kumar Jha, J)

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DKS/-

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U T

Mithun Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Mithun Kumar v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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