Mithlesh Yadav @ Teju Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.450 of 2023 Arising Out of PS. Case No.-85 Year-2022 Thana- TEKARI District- Gaya ====================================================== MITHLESH YADAV @ TEJU YADAV S/o Ramshwarup Yadav R/o VillageBelhariya, Tekari, P.S.- Tekari, Distt- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 392 of the Indian Penal Code.

As per allegation in the FIR, the informant alleged that on 16.02.2022 at about 10:55 am while he was returning after taking monthly EMI from the customers, in the meantime, two persons came on motorcycle and snatched cash of Rs. 38,090 along with mobile set on gunpoint and fled away. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR he has falsely been implicated in this case. Neither the petitioner was put on TI Parade nor any

Patna High Court CR. MISC. No.450 of 2023(2) dt.24-03-2023 2/2 incriminating article has been recovered from conscious possession of the petitioner rather he was remanded in this case on the basis of confession made by himself in connection with Guraru P.S. Case No. 91 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 26.7.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and 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 Tekari P.S. Case No. 85 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-VI, Gaya. (Sunil Kumar Panwar, J) Amandeep/- U T