Mithilesh Yadav @ Mithlesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6686 of 2021 Arising Out of PS. Case No.-2 Year-2020 Thana- BHAWANIPUR District- Purnia ====================================================== MITHILESH YADAV @ MITHLESH YADAV SON OF DULO YADAV RESIDENT OF VILLAGE -LILA MOLI, SRIPUR, POLICE STATIONBHAWANIPUR, DISTRICT PURNEA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
M/s Krishna Prasad Singh, Sr. Advocate Bhaskar Shankar, Advocate For the Opposite Party/s :
Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-06-2021 Heard learned Senior Counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.
The petitioner has filed the instant application for grant of regular bail in connection with Bhawanipur P.S. Case no. 2/2020 registered under sections 302, 201 and 34 of the Indian Penal Code. As per allegation in the FIR, it is stated by the informant that her son disappeared and subsequently his dead body was found. It is submitted by learned Senior Counsel appearing for the petitioner that the FIR was registered against unknown. The name of the petitioner transpired in course of investigation. In course of investigation, on going through the call detail report (CDR) of the deceased it transpired that the last conversation he had was with the petitioner. It is submitted that no incriminating material has
Patna High Court CR. MISC. No.6686 of 2021(3) dt.29-06-2021 2/2 transpired to connect the petitioner with the alleged crime. An extra judicial confession has been recorded by the police and the same is of no value. The petitioner is in custody since 4.1.2020 and has no criminal antecedent.
The application for bail is opposed by learned Additional Public Prosecutor for the State who submits that the petitioner confessed to have committed the crime.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the submissions made on behalf of the petitioner and the petitioner having remained in custody for more than 1 year 5 months, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Bhawanipur P.S. Case no. 2/2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Purnea. (Partha Sarthy, J) Spd/- U T