Mithalesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48479 of 2025 Arising Out of PS. Case No.-361 Year-2020 Thana- WAJIRGANJ District- Gaya ====================================================== Mithalesh Yadav S/o Barhan Yadav Resident of Village- Siri, Police StationWazirganj, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Braj Nandan Kumar Tiwary, Advocate For the Opposite Party/s :
Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Wazirganj P.S. Case No. 361 of 2020 dated 03.08.2020, instituted for the offence punishable under Sections 147, 148, 149, 323, 307, 302, 504, 506, 324 of the Indian Penal Code.
3. The prosecution case, in short, is that on 02.08.2020 at 09:00 pm, due to land dispute, the petitioner along with other co-accused persons armed with lathi, danda and khanti came to the house of the informant and assaulted his father Badri Yadav, who succumbed to the injury. It is also alleged that in the said occurrence, the informant's brothers Vinod Yadav, Nanhak Yadav, Rajkumar Yadav and Bhabhu Munni also got seriously injured.
Patna High Court CR. MISC. No.48479 of 2025(2) dt.30-07-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that FIR has been lodged against 11 named accused persons including the petitioner. There are general and omnibus allegation against all the accused persons of causing assault on the deceased. It is alleged that in the said occurrence, the father of the informant was assaulted by all the accused and he succumbed to the injuries. Cause of dispute is said to be a piece of land. It is further stated that similarly situated co-accused person namely, Madan Yadav & Upendra Yadav have been granted bail vide order dated 21.06.2023 passed by this court in Criminal Miscellaneous No.32243 of 2023. Co-accused persons namely, Uday Yadav, Mithlesh Yadav & Vikash Yadav have also been granted bail vide order dated 21.06.2023 passed in Criminal Miscellaneous No. 32324 of 2023. Lastly, it has been submitted that the petitioner is in custody since 23.05.2025, he has no criminal antecedents and charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let
Patna High Court CR. MISC. No.48479 of 2025(2) dt.30-07-2025 3/3 the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st, Gaya in Wazirganj P.S. Case No. 361 of 2020.
(Khatim Reza, J) Sankalp/- U T