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Patna High CourtCR. MISC./3004/2025bail granted

Mithilesh Kumar Yadav @ Mithilesh Kumar v. The State Of Bihar

2025-02-05Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3004 of 2025 Arising Out of PS. Case No.-287 Year-2024 Thana- MUNGER MUFFASIL District- Munger ====================================================== Mithilesh Kumar Yadav @ Mithilesh Kumar S/O Bhuneshwar Yadav R/o vill - Bank, P.S. - Muffasil, Distt.- Munger, Bihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Ojaswee Kumari, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 05-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 126(2), 115(2), 109, 329(3), 352 and 351(3) of the B.N.S. As per allegation in the FIR, it is a case of assault on the head of the informant as a result of which he suffered lacerated injury over forehead by the petitioner. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He next submits that both parties are agnates and there is case and counter between the parties and the FIR was lodged after nine days of the alleged occurrence and petitioner has got two

Patna High Court CR. MISC. No.3004 of 2025(2) dt.05-02-2025 2/2 criminal antecedents as stated in para-3 of the petition. Learned APP for the State opposes the prayer for anticipatory bail of the petitioner.

In view of the aforesaid facts as well as the fact that there is only one injury on the person of the victim and no repeated blow by the petitioner as mentioned in the impugned order, let the above named petitioner be released on anticipatory bail, in the event of his arrest or surrender before the court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Munger in connection with Muffasil P.S. Case No. 287 of 2024, subject to the conditions as laid down under Section 482 (2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T