Mithilesh Kumar Yadav @ Mithilesh Yadav @ Baba v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19576 of 2017 Arising Out of PS.Case No. -365 Year- 2015 Thana -MADHUBANI TOWN DistrictMADHUBANI ====================================================== Mithilesh Kumar Yadav @ Mithilesh Yadav @ Baba, son of Ramashish Yadav, resident of Village- Ganj, Police Station- Bahadurpur, DistrictDarbhanga. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Party/s : Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-06-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Madhubani Town P.S.Case No. 365 of 2015 registered for the offences punishable under Section 379 of the Indian Penal Code. Petitioner is not named in the FIR and his name transpires during course of investigation.

It has been submitted on behalf of the petitioner that nothing has been recovered and only on the basis of suspicion he has been made accused in other cases also and he is in custody for more than six months.

Heard learned APP also, who has opposed the prayer for bail.

Having heard both sides and considering the fact that nothing has been recovered from the possession of the petitioner and he has remained in custody for more than six months, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two

Patna High Court Cr.Misc. No.19576 of 2017 (3) dt.20-06-2017 2/2 sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani, in connection with Madhubani Town P.S.Case No. 365 of 2015, subject to the conditions that :- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable properties within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, the prosecution is free to move for cancellation of his bail.

(iv) Even if his active participation is found in future, his bail bond shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U