Patna High CourtCR. MISC./18937/2023allowed

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

2023-05-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18937 of 2023 Arising Out of PS. Case No.-235 Year-2021 Thana- RANIGANJ District- Araria ====================================================== Mithilesh Kumar Yadav @ Mithu Yadav S/O Jagat Narayan Yadav Resident Of Village- Gharbandga, P.S.- Raniganj, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar Singh For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-05-2023 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 392 of the Indian Penal Code. The prosecution case in nutshell is that 3 motorcycle borne miscreants snatched the bag of informant containing Rs. 89,071, Tab, Biometric machine and Rs. 2,755 from the possession of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor he has been put on T.I.P. Nothing incriminating has been recovered from his possession. The

Patna High Court CR. MISC. No.18937 of 2023(2) dt.18-05-2023 2/2 name of petitioner sprang up in this case on confessional statement of co-accused Ashok Yadav. Moreover, the petitioner is languishing in judicial custody since 16.03.2022. 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. The above named petitioner is directed to be enlarged on bail in connection with Raniganj P.S. Case No. 235 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 Additional Chief Judicial Magistrate, Araria.

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