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Patna High CourtCR. MISC./45054/2024allowed

Mithilesh Yadav @ Mithlesh Yadav v. The State Of Bihar

2024-08-07Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45054 of 2024 Arising Out of PS. Case No.-188 Year-2020 Thana- KAUWAKOL District- Nawada ====================================================== Mithilesh Yadav @ Mithlesh Yadav Son of Sital Yadav Resident of Village - Chongwa, P.S.- Kawakole, District - Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheo Kumar Prasad For the Opposite Party/s :

Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-08-2024 Heard the parties.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 302, 504, 506, 34, 147, 148, 149, 457 of the Indian Penal Code. 3.

Allegation against the petitioner is that he gave order to the co-accused to assault the brother of informant. Co-accused assaulted the brother of informant due to which he got injured and died during the course of treatment.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner is the order giver. He further

Patna High Court CR. MISC. No.45054 of 2024(2) dt.07-08-2024 2/2 submitted that after investigation police has submitted final form against the petitioner but differing with the same, learned Court below took cognizance against the petitioner. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for anticipatory bail.

6.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Kawakole P.S. Case No.188 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T