Patna High CourtCR. MISC./62647/2023allowed

Mithlesh Yadav @ Mitthu Yadav @ Mithlesh Kumar v. The State Of Bihar

2023-09-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62647 of 2023 Arising Out of PS. Case No.-472 Year-2020 Thana- SHEKHPURA District- Sheikhpura ====================================================== Mithlesh Yadav @ Mitthu Yadav @ Mithlesh Kumar S/O Sanjay Yadav Vill Acharyadih Ps Sikandra, Dist- Jamui ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Umesh Prasad For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 379 & 411 of the Indian Penal Code.

3. As per prosecution case, the motorcycle of the informant bearing Registration no. BR09AF-1780 is said to have been stolen by some unknown miscreant which was parked in front of his house.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. The stolen motorcycle is said to have recovered in another case bearing Khaira P.S. Case No. 33 of 2021 in which, the petitioner was also an accused and he

Patna High Court CR. MISC. No.62647 of 2023(2) dt.22-09-2023 2/2 has been acquitted in that case. The petitioner has not been put on TI Parade. It is further submitted that the petitioner has been remanded in this case on 22.11.2022 and since then, he is languishing in judicial custody.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sheikhpura P.S. Case No. 472 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura.

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