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Patna High Court

Mithlesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.73474 of 2025(3) dt.21-01-2026
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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
            Patna High Court CR. MISC. No.73474 of 2025(3) dt.21-01-2026
                                                        3/3




                                                      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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