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Patna High CourtCR. MISC./20067/2017allowed

Mithilesh Yadav @ Mithilesh Kumar v. The State Of Bihar

2017-05-31Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20067 of 2017 Arising Out of PS.Case No. -143 Year- 2016 Thana -SAHKUND District- BHAGALPUR ====================================================== Mithilesh Yadav @ Mithilesh Kumar, Son of Shri Sanjay Yadav, Resident of Village- Sarha, Police Station- Sahkund, District- Bhagalpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dilip Kumar For the Opposite Party/s : Mr. R.B. Roy 'Raman', APP ======================================================

CORAM:

HONOURABLE MR.

JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 31-05-2017 Heard counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Sahkund P.S. Case No. 143 of 2016 for the offence under Section 457 and 380 of the Indian Penal Code. The petitioner is co-villager of the informant. From perusal of the F.I.R. it appears that the informant has identified the petitioner, fleeing away, when he woke up in the night of 09.09.2016. In paragraph No.13 of the petition, petitioner has mentioned that the informant is Sarpanch of the Gram Panchayat and he has been made accused due to Panchayat Election. In paragraph-3 of the petition, it has been mentioned that petitioner has no criminal antecedent. From perusal of the order of learned 3rd Addl. Sessions Judge, Bhagalpur, it appears that petitioner is a

Patna High Court Cr.Misc. No.20067 of 2017 (2) dt.31-05-2017 2/2 student, who is preparing for competitive examination. Having regard to the facts mentioned above and particularly para 3 of the petition that petitioner has no criminal antecedent, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the SDJM, Bhagalpur or his successor Court in connection with Sahkund P.S. Case No. 143 of 2016, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anil Kumar Upadhyay, J) manish/- U T