Mahesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86276 of 2024 Arising Out of PS. Case No.-120 Year-2024 Thana- SIMRI District- Darbhanga ====================================================== Mahesh Yadav S/O Satrudhan Yadav Resident of Village - Mustafapur Police Station- Bisanpur, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-03-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Simri P.S. Case No. 120 of 2024 instituted for the offences under Section 394 of the Indian Penal Code.

3. Prosecution case, in short, is that, three unknown miscreants fired bullet upon the informant and looted his bag containing some documents, ATM Card and his mobile phone.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner

Patna High Court CR. MISC. No.86276 of 2024(3) dt.06-03-2025 2/3 transpired in this case on the basis of self-confessional statement of this petitioner recorded in Bishanpur P.S. Case No. 66 of 2024. No incriminating article has been recovered from this petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 06.09.2024 and has six criminal antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submitted that this petitioner has disclosed that coaccused Chandan Kumar has fired bullet upon the informant which is corroborated by the injury report and thereafter, they looted him, therefore, the involvement of the petitioner cannot be discarded in the alleged occurrence, and therefore, he may not be released on bail.

6. Considering the aforesaid facts and circumstances of the case there being no specific allegation of firing as also 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, after framing of charge, if not already framed, 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

Patna High Court CR. MISC. No.86276 of 2024(3) dt.06-03-2025 3/3 connection with Simri P.S. Case No. 120 of 2024. (Rudra Prakash Mishra, J) Alok Verma/- U T