Mithlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17923 of 2019 Arising Out of PS. Case No.-325 Year-2018 Thana- ATRI District- Gaya ====================================================== MITHLESH YADAV Son of Late Rambrish Yadav, Resident of VillageNanhu Bigha, P.S.- Atri, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 341, 323, 307, 379, 504, 34 of the Indian Penal Code but charge-sheet has been submitted under Sections 341, 323, 325, 307, 504/34 of the Indian Penal Code. The prosecution case in short is that the accused persons variously armed came to the house of the informant and started abusing him and on protest, the accused persons assaulted him due to which he sustained injury. It has been submitted on behalf of the petitioner that the petitioner is in custody since 14.12.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been

Patna High Court CR. MISC. No.17923 of 2019(2) dt.11-04-2019 2/2 submitted in the present case. The petitioner has falsely been implicated in the present case. No one is said to have been injured in course of occurrence. Due to previous enmity, the present case has been instituted. No offence under section 307 IPC is made out in the present case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. XIII, Gaya in connection with Atri P.S. Case No. 325/18.

(Sudhir Singh, J) Pankaj/- U T