Mithilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44080 of 2025 Arising Out of PS. Case No.-48 Year-2025 Thana- Jagdishpur District- West Champaran ====================================================== 1.

Mithilesh Kumar S/o Dadhi Ram R/o vill - Motipur, ward no. 6, P.S - Motipur, Distt.- Muzaffarpur 2.

Sanjay Mahato S/o Harendra Mahto R/o vill - Sendhwari, ward no. 3, P.s. - Motipur, Distt.- Muzaffarpur 3.

Mani Kumar S/o Shambhu Rai R/o vill - Sendhwari, ward no. 3, P.s. - Motipur, Distt.- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-07-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Jagdishpur P.S. Case No. 48 of 2025 dated 17.03.2025 registered for the offences punishable u/s 303(2) of B.N.S.

3. As per the prosecution case, some unknown miscreants are alleged to have stolen the battery used for the transmission of tower which was located near the house of one Jai Prakash Singh.

4. Learned counsel for the petitioners has submitted

Patna High Court CR. MISC. No.44080 of 2025(2) dt.28-07-2025 2/3 that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioners. The petitioners are not named in the F.I.R. The name of the petitioners has sprung up in the confessional statement of the co-accused, Golu Kumar. Nothing has been recovered from the conscious possession of the petitioners. The petitioners have no concern with the alleged offence. The petitioner nos. 1 and 2 have no criminal antecedent and the petitioner no.3 has two criminal antecedents as stated in para 3 of the bail petition. The petitioners are in custody since 03.04.2025. The co-accused persons have already been granted regular bail by this Court vide order dated 22.07.2025 passed in Cr. Misc. No. 43044 of 2025.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioners and submitted that the petitioners along with nine other accused persons were apprehended from the shop in red-handed with 118 batteries at the time of loading on the vehicle.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with

Patna High Court CR. MISC. No.44080 of 2025(2) dt.28-07-2025 3/3 two sureties of the like amount each to the satisfaction of learned Court concerned, Bettiah, West Champaran in connection with Jagdishpur P.S. Case No. 48 of 2025.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T