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Patna High CourtCR. MISC./73474/2025bail granted

Mithlesh Yadav v. The State Of Bihar

2026-01-21Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73474 of 2025 Arising Out of PS. Case No.-217 Year-2009 Thana- BARACHATTI District- Gaya ====================================================== Mithlesh Yadav S/O Nanda Yadav Resident of Village- Pahri, Police StationFatehpur, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Braj Nandan Kumar Tiwary, Advocate For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 21-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Barachatti (Mohanpur) P.S. Case No. 217 of 2009 registered for the alleged offences under Sections 394 of the Indian Penal Code and Sections 25(1-b)A/35 of the Arms Act.

03. As per prosecution case, FIR was lodged by the informant against co-accused Kamlesh Paswan and others for committing robbery with the informant and others. The name of the petitioner transpired in the confession statement of coaccused Kamlesh Paswan for also being one of the robbers.

04. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.73474 of 2025(3) dt.21-01-2026 2/3 petitioner has no criminal antecedent and he is in custody since 27.05.2025. There is no material except confessional statement of the co-accused. After coming to know about the lodging of the case and his false implication, the petitioner surrendered before the court. One of the co-accused Rajendra Yadav has been granted bail vide order dated 30.10.2012 passed in Cr. Misc. No. 39848 of 2012. The charge sheet has been submitted.

05. Learned APP opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner, his clean antecedent and submission of charge sheet, the petitioner above named is directed to 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 learned A.C.J.M. 2nd, Sherghati, Gaya/concerned Court in connection with Barachatti (Mohanpur) P.S. Case No. 217 of 2009, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions :

(i) One of the bailors will be a close

Patna High Court CR. MISC. No.73474 of 2025(3) dt.21-01-2026 3/3 relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) DKS/- U T