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Patna High CourtCR. MISC./82109/2025bail granted

Mithun Kumar @ Mithun Yadav v. The State Of Bihar

2025-11-28Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82109 of 2025 Arising Out of PS. Case No.-84 Year-2025 Thana- SANDESH District- Bhojpur ====================================================== Mithun Kumar @ Mithun Yadav Son of Mithlesh Singh @ Mithlesh Yadav @ Mithalesh Singh Resident of Village- Ahpura, P.S.- Sandesh, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar, Advocate Mr. Sonu Kumar Yadav, Advocate Ms. Priya Kumari, Advocate Ms. Saheeba Naz, Advocate Mr. Abhishek Singh, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sandesh P.S. Case No. 84 of 2025, instituted for the offences punishable under Sections 317(2), 317(5), 318(4), 338, 336(3), 111 and 112 of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that the accusation against the petitioner is of being involved in theft of motorcycle along with other co-accused persons as also using it for sale after changing the chassis and engine number of the theft motorcycle.

Patna High Court CR. MISC. No.82109 of 2025(2) dt.28-11-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused, namely, Sanni Kumar and the same has got no evidentiary value. The petitioner has got no concern with the alleged occurrence. The petitioner is in custody since 15.04.2025 and has got two criminal antecedents. Learned counsel for the petitioner further submits that other co-accused has been granted regular bail by this Court vide order dated 30.08.2025 passed in Cr. Misc. No. 57614 of 2025.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.82109 of 2025(2) dt.28-11-2025 3/3 below/concerned Court in connection with Sandesh P.S. Case No. 84 of 2025.

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