Mithilesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45777 of 2023 Arising Out of PS. Case No.-172 Year-2021 Thana- ALOULI District- Khagaria ====================================================== Mithilesh Yadav S/O Late Dasrath Yadav Resident Of Village- Amni PsMansi District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar Prasad Singh For the Opposite Party/s :

Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

2. The petitioner seeks regular bail in connection with Alauli P.S. Case No. 172 of 2021, registered for the offence punishable under Sections 302, 201, 120-(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, the deceased has been killed by Bipin Thakur @ Sintu who is the husband of the Shimpi Devi. The petitioner is said to have participated in the killing. Though, there is no direct evidence of his participation.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner is in custody since 23.04.2023.

5. Learned APP has vehemently opposed the prayer

Patna High Court CR. MISC. No.45777 of 2023(2) dt.04-08-2023 2/2 for bail.

6. Considering the aforesaid fact and also considering the period of custody, this application is allowed.

7. Let the petitioner, above named, be released on bail after framing of charge, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria, in connection with Alauli P.S. Case No. 172 of 2021. (Sandeep Kumar, J) Ranjeet/- U T