Mitthu Yadav @ Mithilesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44856 of 2022 Arising Out of PS. Case No.-50 Year-2020 Thana- BARIYARPUR District- Munger ====================================================== Mitthu Yadav @ Mithilesh Yadav S/O Shankar Yadav Resident Of Pustakalaya Tola, Padia, P.S.- Bariarpur, District- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2022 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)a/26 (1) and 35 of the Arms Act.
Allegation is that on secret information that some anti-social elements lashed with arms are planning to commit any big crime, the police raided and apprehended the accused persons.
It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that the name of the petitioner was disclosed by apprehended co-accused at the spot by the police. He further
Patna High Court CR. MISC. No.44856 of 2022(3) dt.15-09-2022 2/2 submits by way of supplementary affidavit that this petitioner is suffering from mental problem and undergoing treatment at Bhagalpur Mental Hospital and Psycho sex Centre for the last 14 years and petitioner has not been apprehended at the spot. Learned APP appearing for the State has opposed the prayer for anticipatory bail.
Considering the aforesaid submissions, let the petitioner, above named in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-II, Munger in connection with Bariarpur P.S. Case No. 50 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T