Patna High Court
Mithlesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that the petitioner is entitled to bail.
Summary
Mithlesh Yadav was arrested in connection with a 2009 robbery case (PS Barachatti, Gaya) under IPC Section 394 and the Arms Act. The prosecution’s case relied mainly on the confession of a co‑accused who named the petitioner as a participant. The petitioner, who has no prior criminal record and had been in custody since 27‑05‑2025, filed a bail petition. The court examined the lack of independent evidence, the petitioner’s clean antecedent, the charge‑sheet filing, and the length of custody. Considering these factors, the court granted bail on a Rs.10,000 bond with two sureties and imposed conditions under Section 480(3) of the B.N.S.S. and additional personal conditions. The bail order was directed to be executed by the concerned court.
Issues considered
- Whether bail can be granted when the only incriminating material is the confession of a co‑accused.
- Whether the petitioner’s clean antecedent and period of custody justify bail despite the seriousness of the offences.
- What conditions, if any, should be imposed under Section 480(3) of the B.N.S.S. in granting bail.
Legislation cited
- Arms Act — s. 25(1-b)A, 35
- B.N.S.S. — s. 480(3)
- Indian Penal Code — s. 394
Subjects
- bail
- robbery
- IPC
- Arms Act
- confession of co‑accused
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73474 of 2025
Arising Out of PS. Case No.-217 Year-2009 Thana- BARACHATTI District- Gaya
======================================================
Mithlesh Yadav S/O Nanda Yadav Resident of Village- Pahri, Police Station-
Fatehpur, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Braj Nandan Kumar Tiwary, Advocate
For the Opposite Party/s : Mr.Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Barachatti (Mohanpur) P.S. Case No. 217 of
2009 registered for the alleged offences under Sections 394 of
the Indian Penal Code and Sections 25(1-b)A/35 of the Arms
Act.
03. As per prosecution case, FIR was lodged by the
informant against co-accused Kamlesh Paswan and others for
committing robbery with the informant and others. The name of
the petitioner transpired in the confession statement of co-
accused Kamlesh Paswan for also being one of the robbers.
04. Learned counsel for the petitioner submits that the
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petitioner has no criminal antecedent and he is in custody since
27.05.2025. There is no material except confessional statement
of the co-accused. After coming to know about the lodging of
the case and his false implication, the petitioner surrendered
before the court. One of the co-accused Rajendra Yadav
has been granted bail vide order dated 30.10.2012 passed in
Cr. Misc. No. 39848 of 2012. The charge sheet has been
submitted.
05. Learned APP opposes the submission made on
behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
period of custody of the petitioner, his clean antecedent and
submission of charge sheet, the petitioner above named is
directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned A.C.J.M. 2nd, Sherghati,
Gaya/concerned Court in connection with Barachatti
(Mohanpur) P.S. Case No. 217 of 2009, subject to the conditions
mentioned in Section 480(3) of B.N.S.S. and also the following
conditions :
(i) One of the bailors will be a close
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relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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