Mithlesh Prasad @ Mithlesh Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56328 of 2024 Arising Out of PS. Case No.-117 Year-2024 Thana- HALSI District- Lakhisarai ====================================================== Mithlesh Prasad @ Mithlesh Mahto Son of Late Binod Mahto Resident of Vill- Atari, P.S.- Dhamol (Pakribarawn), District- Nawada ... ... Petitioner
Versus
The State of Bihar Patna ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Vikramadit, Adv Mr. Rajeev Ranjan, Adv For the Opposite Party :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Halsi P.S. Case No. 117 of 2024 dated 21.04.2024 registered for the offences punishable u/s 307 read with section 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution case, the co-accused persons, namely, Dinesh Yadav, Manish Yadav, Prameshwar Yadav and Vakil Yadav are alleged to have fired on the father-in-law of the informant while he was sleeping outside of his house on the cot.
Patna High Court CR. MISC. No.56328 of 2024(3) dt.25-10-2024 2/3
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has sprung up in the confessional statement of the co-accused person, Rana Ranveer Kumar. The other co-accused person has already been granted bail by this court vide order dated 18.10.2024 passed in Cr. Misc. No. 55235/2024. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.05.2024.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Lakhisarai in connection with Halsi P.S. Case No. 117 of 2024, with the condition:- (i). The petitioner is directed to remain physically
Patna High Court CR. MISC. No.56328 of 2024(3) dt.25-10-2024 3/3 present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) atul/- U T