Patna High CourtCR. MISC./77341/2024bail granted

Mithlesh Kumar @ Mithu Yadav v. The State Of Bihar

2024-10-26Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77341 of 2024 Arising Out of PS. Case No.-209 Year-2024 Thana- SHEKHPURA District- Sheikhpura ====================================================== Mithlesh Kumar @ Mithu Yadav S/o Sanjay Yadav R/o Acharyadih, P.S. - Sikandra, Distt. - Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinkar Kumar, Adv.

For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sheikhpura P.S. Case No. 209 of 2024 instituted for the offences under Section 379 of the Indian Penal Code.

3. As per prosecution case, the accusation against the three unknown miscreants is of stealing jewelry worth Rs. 7,00,000/- from the jewelry shop of the Informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and

Patna High Court CR. MISC. No.77341 of 2024(2) dt.26-10-2024 2/3 has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and, in course of investigation, he has been remanded in the present case from Ariyari P.S. Case No. 141 of 2024 and the petitioner has been made accused in this case on the basis of suspicion as well as the criminal antecedents. He further submits that no recovery of the alleged stolen jewelry article has been made from the possession of the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has seven criminal antecedents and is languishing in judicial custody since 03.08.2024 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature and, thus, he does not deserve bail.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let

Patna High Court CR. MISC. No.77341 of 2024(2) dt.26-10-2024 3/3 the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sheikhpura P.S. Case No. 209 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T