Mithilesh Yadav @ Mithu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55496 of 2023 Arising Out of PS. Case No.-118 Year-2023 Thana- KHARIK District- Bhagalpur ====================================================== 1.

Mithilesh Yadav @ Mithu Yadav S/O- Nageshwar Yadav @ Nage Yadav Village- Khairpur Ps- Kharik Dist- Bhagalpur 2.

Akhilesh Yadav Son Of Nageshwar Yadav @ Nage Yadav Village- Khairpur Ps- Kharik Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikram Singh For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 341, 147, 148, 323, 307, 448, 447, 504, 506 of the Indian Penal Code. As per prosecution case, the allegation against the accused persons including the petitioners is that they came at the house of the informant and started abusing and assaulting the informant and his nephew due to which informant's side sustained injuries.

Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. They have falsely been implicated in this case due to ill motive and

Patna High Court CR. MISC. No.55496 of 2023(2) dt.30-08-2023 2/2 they have got no criminal antecedent. There is case and counter case between the parties and both parties have sustained injuries in separate occurrence. It is further submitted that no specific allegation levelled against the petitioners rather general and omnibus allegation levellebed against them. Moreover, they have been languishing in judicial custody since 25.05.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Kharik P.S. Case No. 118 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Naugachiya, Bhagalpur.

(Sunil Kumar Panwar, J) Manishkumar/- U T