Mithun Kumar vs The State Of Bihar
2021 Latest Caselaw 685 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 37586 of 2020
     Arising Out of PS Case No.-141 Year-2020 Thana- BELDAUR District- Khagaria
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Mithun Kumar, aged about 21 years (Male), Son of Shalendra Mandal @ Shalendra Singh, Resident of Village - Sakrohar, PS - Beldaur, District - Khagaria.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 05-02-2021

Heard Mr. Binod Kumar, learned counsel for the

petitioner and Mr. Jharkhandi Upadhyay, In-charge learned

Additional Public Prosecutor (hereinafter referred to as the 'APP')

for the State.

2. The petitioner is in custody in connection with

Beldaur PS Case No.141 of 2020 dated 09.06.2020, instituted

under Section 392 of the Indian Penal Code in which later on

Sections 395/412 of the Indian Penal Code were added.

3. The allegation against the petitioner, though not

named in the FIR, is that the looted motorcycle was recovered

from the open field of which he was the Bataidar.

Patna High Court CR. MISC. No.37586 of 2020 dt.05-02-2021

4. Learned counsel for the petitioner submitted that there

is no witness to the incident and there has been no Test

Identification Parade. It was further submitted that the recovery is

from an open field, that too, of which the petitioner was not the

owner. Learned counsel submitted that the petitioner has no other

criminal antecedent and is in custody since 13.07.2020.

5. Learned APP submitted that the looted motorcycle

was recovered from the field which the petitioner had taken on

Bataidaari.

6. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, let the

petitioner be released on bail upon furnishing bail bonds of Rs.

25,000/- (twenty five thousand) with two sureties of the like

amount each to the satisfaction of the learned Judicial Magistrate

1st Class, Khagaria in Beldaur PS Case No. 141 of 2020, subject to

the conditions (i) that one of the bailors shall be a close relative of

the petitioner, (ii) that the petitioner and the bailors shall execute

bond with regard to good behaviour of the petitioner, and (iii) that

the petitioner shall also give an undertaking to the Court that he

shall not indulge in any illegal/criminal activity, act in violation of

any law/statutory provisions, tamper with the evidence or

influence the witnesses. Any violation of the terms and conditions Patna High Court CR. MISC. No.37586 of 2020 dt.05-02-2021

of the bonds or the undertaking shall lead to cancellation of his

bail bonds. The petitioner shall cooperate in the case and be

present before the Court on each and every date. Failure to

cooperate or being absent on two consecutive dates, without

sufficient cause, shall also lead to cancellation of his bail bonds.

7. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

Anand Kr.

AFR/NAFR U T