IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.54761 of 2025 Arising Out of PS. Case No.-49 Year-2025 Thana- Jagdishpur District- West Champaran ====================================================== 1. Mithlesh Kumar @ Mithilesh Kumar S/O Dadhi Ram @ Daddi Ram R/O Vill.- Motipur, Ward no. 6, P.S.- Muzaffarpur, Dist.- Muzaffarpur. 2. Mani Kumar S/O Shambhu Rai R/O Vill.- Sendhwari, P.S.- Muzaffarpur, Dist.- Muzaffarpur. 3. Sanjay Mahto S/O Harendra Mahto R/O Vill.- Sendhwari, P.S.- Muzaffarpur, Dist.- Muzaffarpur. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s : Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 19-08-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in connection with Jagdishpur P.S. Case No. 49 of 2025, instituted for the offences punishable under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023. 3. The prosecution case, in short, is that unknown thief took away the batteries used in mobile towers. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material have been recovered Patna High Court CR. MISC. No.54761 of 2025(2) dt.19-08-2025 2/3 from the conscious possession of the petitioners. Learned counsel for the petitioners also submits that the petitioners are not named in the FIR. Name of the petitioners have transpired in this case on the basis of confessional statement made by co- accused, namely, Golu Kumar and the same has got no evidentiary value. It is further submitted that the looted article has not been recovered from the possession of the petitioners rather the same has been recovered from the possession of co- accused Golu Kumar. The petitioners are in custody since 24.05.2025. Petitioner nos. 1 and 3 have got two criminal antecedents and petitioner no. 2 has got four criminal antecedents in which he is on bail in two cases. Learned counsel for the petitioners further submits that similarly situated co- accused have been granted regular bail by a Co-ordinate Bench of this Court vide order dated 11.08.2025 passed in Cr. Misc. No. 51340 of 2025 and Cr. Misc. No. 52606 of 2025. 5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners. 6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners. Patna High Court CR. MISC. No.54761 of 2025(2) dt.19-08-2025 3/3 7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jagdishpur P.S. Case No. 49 of 2025. Rajorshi/- (Rudra Prakash Mishra, J) U T