Patna High CourtCR. MISC./72144/2023allowed

Mithlesh Yadav v. The State Of Bihar

2023-11-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72144 of 2023 Arising Out of PS. Case No.-62 Year-2022 Thana- RAJNAGAR District- Madhubani ====================================================== Mithlesh Yadav Son Of Sahdeo Yadav R/O Village- Ranti Mohanpur, P.S.- Rajnager, District- Madhubani ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 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 143, 341, 323, 307 of the Indian Penal Code and Section 27 of Arms Act.

3. As per prosecution case, the petitioner along with co-accused persons are said to have made firing. During the incident, co-accused Rohit Yadav fired upon the informant due to which he sustained injuries.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. From perusal of FIR, no specific overt-act against the petitioner rather the specific allegation of firing upon the informant is leveled against co-

Patna High Court CR. MISC. No.72144 of 2023(2) dt.08-11-2023 2/2 accused Rohit Yadav. It is further submitted that the petitioner is languishing in judicial custody since 31.3.2023.

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

6. Considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rajnagar P.S. Case No. 62 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Madhubani, District- Madhubani.

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