Mithun Yadav @ Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11066 of 2024 Arising Out of PS. Case No.-656 Year-2021 Thana- KHAGARIA District- Khagaria ====================================================== MITHUN YADAV @ MITHUN KUMAR Son of Late Ramchandra Yadav Resident of Village-Chukti, Police Station-Mansi, District-Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Aggarwal Mr. Parmanand Kumar For the Opposite Party/s :

Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 201 of the Indian Penal Code.

Prosecution case relates to recovery of a dead body of a girl in suitcase near Sansarpur Cremation Ghat.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.11066 of 2024(2) dt.22-02-2024 2/3 falsely been implicated in the present case. Petitioner is not named in the F.I.R. and his name transpired in this case in the 3rd Supervision Report of the Superintendent of Police, Khagaria on the basiso f disclosure of Amir Yadav. There is no eye witness of the alleged occurrence. There is no any cogent material evidence to suggest the involvement of petitioner in the present offence. Moreover, the petitioner is languishing in judicial custody since 28.10.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated several co-accused persons have been granted bail by different co-ordinate Bench of this Court.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail.

Patna High Court CR. MISC. No.11066 of 2024(2) dt.22-02-2024 3/3 The above named petitioner is directed to be enlarged on bail in connection with Khagaria (Muffasil) P.S. Case No. 656 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria.

(Sunil Kumar Panwar, J) Nirajkrs/- U T