Mithlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14373 of 2026 Arising Out of PS. Case No.-839 Year-2022 Thana- LAKHISARAI District- Lakhisarai ====================================================== Mithlesh Yadav S/o Indradev Yadav Resident of Village- Dadhisir Bannubagicha, P.S.- Kiul, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. S.K. Lal, Sr. Advocate :

Mr. Umesh Prasad, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 01-04-2026 Heard the learned senior counsel for the petitioner and the learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Lakhisarai P.S. Case No. 839 of 2022, for allegedly having committed offence under Sections 401, 414, 379 and 34 of the IPC.

3. As per the prosecution case, the informant along with Police associates proceeded from Lakhisarai police station for conducting raid against illegal liquor on the basis of secret information and noticed that two persons started fleeing away, but with the help of Police party, both the persons were arrested. On the statement made by the arrested persons, the name of the petitioner and other accused person transpired.

Patna High Court CR. MISC. No.14373 of 2026(3) dt.01-04-2026 2/3

4. The learned senior counsel for the petitioner submits that the name of the petitioner has come on the statement made by the arrested persons and nothing has been recovered from the petitioner, rather one motorcycle is said to have been recovered from the house of the petitioner, which is a joint family house, however no signature of any family member is there on the seizure list, which has been prepared by the Police. The Police, only with a view to falsely implicate the petitioner and to extort money, has made the petitioner an accused in the present case. The petitioner has got no criminal antecedent.

5. The learned APP for the State vehemently opposes the prayer for bail of the petitioner.

6. Having heard the learned counsel for the parties and after going through the records, it appears that the name of the petitioner was taken by the two accused persons, who were arrested by the Police from the place of occurrence and on the statement made by the said arrested persons, one motorcycle is said to have been recovered from the house of the petitioner, however the petitioner was not present at that time and no signature of any family members of the petitioner was obtained on the seizure list. The house in which the petitioner resides is a

Patna High Court CR. MISC. No.14373 of 2026(3) dt.01-04-2026 3/3 joint family property. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of arrest or surrender within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Lakhisarai in connection with Lakhisarai P.S. Case No. 839 of 2022, subject to the conditions as laid down under Section 482(2) of the B.N.S.S., with further condition:

(1) The learned Court concerned shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court concerned shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Ritesh Kumar, J) AjayMishra/- U T