In an oral order, the Patna High Court granted bail to the petitioner, Mithilesh Yadav, after he completed nine months in custody for offences under the IPC and Arms Act, with specific bond and surety conditions.
Petitioner released on bail after nine months custody by furnishing Rs.10,000 bond with two sureties of same amount each to C.J.M., Saharsa.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24575 of 2015
Arising Out of PS.Case No. -216 Year- 2013 Thana -SIMRI BAKHTIARPUR District- SAHARSA ====================================================== Mithilesh Yadav S/o - Late Mahendra Yadav Resident of Village - Mahammadpur, P.O. - Bhardewa, P.S. - Bakhtiyarpur, District - Saharsa. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Chandra For the Opposite Party/s : Mr. Narendra Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 3 12-08-2015 The petitioner is languishing in custody since 9.2.2015 in connection with Bakhtiyarpur (Balwahat) P.S. Case No.216 of 2013 for the offences instituted under Sections 307/323/34 of the I.P.C. and Section 27 of the Arms Act. Heard learned counsel for the petitioner and learned counsel for the State. The prosecution story, in brief, is that while the brother of the informant was sitting at his door all the accused persons including the petitioner came there and assaulted him with but of the pistol and the petitioner opened fire upon the victim causing injury on his stomach upon which he fell down. Accused persons fled away on seeing the people assembled on hearing sound of the firing.
Patna High Court Cr.Misc. No.24575 of 2015 (3) dt.12-08-2015
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It has been submitted on behalf of the petitioner that the petitioner is in custody since 9.2.2015 and the charge sheet has submitted in the present case. The petitioner has been falsely implicated in this case due to land dispute. It is further submitted that the petitioner may be released after remaining nine months in custody.
On behalf of the State it has been submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail after completion of nine months in custody on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saharsa, in connection with Bakhtiyarpur (Balwahat) P.S. Case No.216 of 2013.
(Sudhir Singh, J)
AnilKrSinha/-
U T
1 issue framed by the court
Whether the petitioner, who has been in custody for nine months in connection with offences under Sections 307/323/34 IPC and Section 27 of the Arms Act, should be released on bail.
2 provisions across 2 enactments
Mithilesh Yadav
The State of Bihar
SUDHIR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
