Mithlesh Kumar Yadav @ Mithlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13293 of 2022 Arising Out of PS. Case No.-307 Year-2021 Thana- KORHA District- Katihar ====================================================== Mithlesh Kumar Yadav @ Mithlesh Yadav S/o- Bhanghi Prasad Yadav R/oKamakhya ASthan, Bhawanipur, P.S. - Maranga, Distt.- Purnia. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from today. The petitioner seeks bail in connection with a case registered for the offence punishable under Section 392 of the Indian Penal Code.

Allegation is of snatching motorcycle bearing Registration No. BR11AR-8709 along with valuable papers and the purse having Rs. 24,000/- on the point of arms by three unknown persons.

Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that during the course of

Patna High Court CR. MISC. No.13293 of 2022(3) dt.17-08-2022 2/3 investigation, the petitioner was arrested in another case vide Korha P.S. Case No. 360 of 2021 in which his confessional statement was recorded and then thereafter, the petitioner is remanded in the present case also. Nothing has been recovered from the possession of the petitioner or from the house of the petitioner. Further, it is submitted that there is no evidence against the petitioner in the present case. The petitioner is in custody since 02.11.2021, charge-sheet has been submitted in the case and has antecedent of two cases.

Learned A.P.P. for the State opposes the prayer for regular bail of the petitioner.

Considering the facts and circumstances of this case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) only with two sureties of the like amount each to the satisfaction of the learned C.J.M., Katihar in connection with Korha P.S. Case No. 307 of 2021, subject to the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) One of the bailors will be his own blood relation,

Patna High Court CR. MISC. No.13293 of 2022(3) dt.17-08-2022 3/3 preferably father, mother, brother, sister and or his wife.

(3) The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse. (Khatim Reza, J) Gaurav Kumar/- U T