Mithilesh Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64146 of 2024 Arising Out of PS. Case No.-53 Year-2024 Thana- CHAKIA District- East Champaran ====================================================== Mithilesh Kumar Yadav S/o Late Dinanath Prasad Yadav @ Late Dinanath Ray Resident of Village- Chhapra Ash, P.S. Paroo- District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajeev Ranjan No. II, Advocate For the Opposite Party/s :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-09-2024 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner seeks bail in connection with Chakia P.S. Case No. 53 of 2024 registered for the offences under Section 392/34 of the Indian Penal Code.
3. The petitioner is named in the F.I.R. and is in custody since 14.05.2024.
4. The allegation against the petitioner is to commit robbery alongwith other co-accused persons and while committing so looted cash of Rs. 5,11,000/- from the informant.
Patna High Court CR. MISC. No.64146 of 2024(2) dt.11-09-2024 2/3
5. Learned counsel appearing on behalf of the petitioner submitted that petitioner has been falsely implicated with the present case as his name surfaced in the present case on the basis of his self-inculpatory statement as made in Motipur P.S. Case No. 41 of 2024. It is further submitted that, in furtherance of his confessional statement no incriminating material recovered/surfaced, so as to connect this petitioner prima facie with the present occurrence of robbery. It is submitted that petitioner was not put on T.I.P., as yet. While concluding the argument it is submitted that petitioner found involved in nine more criminal cases of similar nature, where in maximum number of the cases his name transpired out of confessional statement/self confession, as of the present case having otherwise no evidentiary value under law and moreover, investigation of this case has already completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
6. Learned APP appearing on behalf of the State, opposes the prayer for bail.
Patna High Court CR. MISC. No.64146 of 2024(2) dt.11-09-2024 3/3
7. In view of aforesaid facts and circumstances as mentioned above and by taking note of the fact as save and except suspicion arising out of self-confession of petitioner, where nothing incriminating recovered, so as to connect this petitioner, prima facie, with the present occurrence of robbery, coupled with the fact as petitioner is in custody since 14.05.2024, where charge-sheet has already submitted, accordingly, petitioner, above named, is directed to be released on bail in connection with Chakia P.S. Case No. 53 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari/concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J.) S.Tripathi/- U T