Mithu Yadav @ Mithilesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67478 of 2022 Arising Out of PS. Case No.-153 Year-2021 Thana- RANIGANJ District- Araria ====================================================== Mithu Yadav @ Mithilesh Yadav, Son of Jagat Narayan Yadav, R/VGharbandga, P.S- Raniganj, Disrict- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Kumar Singh, Advocate For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 21-04-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Raniganj P.S. Case No. 153 of 2021 dated 04.06.2021 registered for the offence punishable under Section 392 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioner are that as per the FIR the alleged occurrence of loot was committed by two unknown miscreants and informant's motorcycle was looted on the point of pistol and petitioner's name surfaced in the alleged crime on the basis of confessional statement of co-accused made by him before the police and petitioner was firstly arrested in connection with Raniganj P.S. Case No. 130 of 2021 on the basis of said

Patna High Court CR. MISC. No.67478 of 2022(3) dt.21-04-2023 2/3 confessional statement and thereafter he was remanded in all other cases of his criminal antecedents. Further submissions are that the looted motorcycle was not recovered from the possession of this petitioner and accordingly there is no legal evidence going against the petitioner and showing his involvement in the alleged crime except the confessional statement of co-accused and without any legal evidence the petitioner has been languishing in jail since 18.05.2022.

4. Though, learned APP appearing for the State has opposed the bail prayer of the petitioner but fairly accepted that against the petitioner the only material is confessional statement of co-accused Robin Yadav.

5. Considering the above submissions and mainly the facts that against the petitioner the investigation has been completed and in respect of petitioner's involvement in the alleged crime the prosecution is mainly relying upon statement of co-accused recorded by him before the police and also the fact that there is no submission by the prosecution as to looted motorcycle having been recovered from the possession of this petitioner after the commission of the alleged crime, in the opinion of this court, the petitioner deserves to a lenient approach of this court. Accordingly, let the petitioner be released

Patna High Court CR. MISC. No.67478 of 2022(3) dt.21-04-2023 3/3 on bail in connection with Raniganj P.S. Case No. 153 of 2021 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Rajiv/- U T