Mithun Yadav @ Prince Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57740 of 2023 Arising Out of PS. Case No.-281 Year-2023 Thana- AMARPUR District- Banka ====================================================== MITHUN YADAV @ PRINCE YADAV SON OF LATE GOPAL YADAV R/o vill - Janikpur, P.s. - Amarpur, Distt. - Banka. Permanent resident of vill - Badi Mirjapur, P.s.- Kasim Bazar, dist. - Munger ... ... Petitioner/s

Versus

THE STATE OF BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act.

3. As per prosecution case, the allegation is that coaccused Ankit Kumar took his son away on a motorcycle. Later, Co-accused persons Chandra Shekhar Singh and Sanjay Sao also went. Some time later, information came that they have killed his son. Accordingly, the FIR has been lodged.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. There is no

Patna High Court CR. MISC. No.57740 of 2023(2) dt.11-09-2023 2/2 eye-witness to the alleged occurrence and it is only a case of last seen. On the basis of suspicion and due to his criminal antecedents, he has been implicated in the present case. He further submitted that the other co-accused has already been granted bail by a Co-ordinate Bench vide order dated 30.08.2023 passed in Cr. Misc. No. 57067 of 2023. He is languishing in judicial custody since 17.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Amarpur P.S. Case No. 281 of 2023.

(Sunil Kumar Panwar, J) arish/- U