Mithlesh Yadav @ Teju Yadav @ Mithlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45076 of 2019 Arising Out of PS. Case No.-173 Year-2018 Thana- BELAGANJ District- Gaya ====================================================== Mithlesh Yadav @ Teju Yadav @ Mithlesh Kumar Son of Ram Swarup Yadav Resident of Village- Belhariya, P.S.- Tekari, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ashraf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 307/34 of the Indian Penal Code and 27 of the Arms Act.

The prosecution case, in short, is that on 19.06.2018 while the informant was coming from his land, then in the way the accused persons came on motorcycle and fired at him and he sustained with injury near right ear. Two more shots were fired at him which did not him him. Informant fell down on being injured and became senseless.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 6.3.2019. Charge sheet has been submitted in this case. There is no allegation of tampering

Patna High Court CR. MISC. No.45076 of 2019(2) dt.22-07-2019 2/2 of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come on self confession made before the police. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case. The main allegation is against co-accused, namely, Narsingh. No injury has been attributed against the petitioner causing to the informant.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let 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. XIth, Gaya in connection with Belaganj P.S. case No.173 of 2018.

(Sudhir Singh, J) Narendra/- U T