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2026 DAILYLAW 8174 (PAT)

Mithilesh yadav @ Mithilesh kumar v. The State of Bihar

CR. MISC./25711/2026 · 2026-04-18

Ashok Kumar Pandey

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25711 of 2026 Arising Out of PS. Case No.-31 Year-2024 Thana- MOHANPUR District- Jamui ====================================================== Mithilesh yadav @ Mithilesh kumar Son of Ram khelawan yadav Resident Of Village - Dharwa, Ps- Laxmipur, Dist- Jamui ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bipin Kumar, Advocate For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 18-04-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 109, 103(1) and 3(5) of BNS and Section 27 of the Arms Act. 3. The case of the prosecution is that the informant alleged that Sanjay Yadav and Manoj Yadav have committed murder of her husband and the reason behind this occurrence is that her husband had sold a piece of land to Sanjay Yadav and Manoj Yadav but the land which was shown to the accused Sanjay and Manoj was not in the sale deed rather another land was sold to the co-accused persons. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned Patna High Court CR. MISC. No.25711 of 2026(2) dt.18-04-2026 2/3 counsel for the petitioner has submitted that in this case, during investigation, police has exonerated Sanjay Yadav and Manoj Yadav and informant herself was made an accused. On the basis of her confessional statement, one Deepak was apprehended and he has given his confessional statement to the effect that he along with this petitioner has committed murder of the deceased. Save and except confessional statement and CDR, there is nothing against this petitioner. It has further been submitted that Deepak Kumar has been granted bail by learned co-ordinate Bench of this Court vide Cr. Misc. No. 16972 of 2025. The case of this petitioner stands on similar footing. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 16.12.2025. 5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail. 6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Mohanpur P.S. Case No. 31 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount Patna High Court CR. MISC. No.25711 of 2026(2) dt.18-04-2026 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Jamui. Shubham/- (Ashok Kumar Pandey, J) U T