Mithun Paswan @ Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9333 of 2026 Arising Out of PS. Case No.-178 Year-2025 Thana- Lakho District- Begusarai ====================================================== 1.

Mithun Paswan @ Mithun Kumar S/o- Suresh Paswan R/v- W.No-45, Bazidpur @ Bajeetpur Po- Mirzapur Banduar @ Bandwar Ps- Lakho DistBegusarai 2.

Santosh Paswan S/o- Kapoor Paswan R/v- W.No-45, Bazidpur @ Bajeetpur Po- Mirzapur Banduar @ Bandwar Ps- Lakho Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-02-2026 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Lakho Police Station Case No. 178 of 2025, disclosing offences under Sections 126(2), 115(2), 118(1), 118(2), 303(2), 109, 326(F), 62, 352, 351(2) & (3), 3(5) of Bharatiya Nyaya Sanhita.

3. The prosecution case, as per the First Information Report, on 17.05.2025 at about 9:00 P.M., the petitioners along with other accused persons, armed with lathi, danda, and knife, came to the informant's house, started burning his 'Bhuskar', and assaulted the informant, his father, and Amit Kumar,

Patna High Court CR. MISC. No.9333 of 2026(2) dt.24-02-2026 2/3 causing injuries. They also snatched and damaged the informant's mobile, took his father's watch, and took Rs. 500/- from the informant's pocket.

4. Learned Counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. There is long standing land dispute between the parties. From perusal of the FIR, it is evident that the date of occurrence is 17.05.2025, but the FIR lodged on 21.08.2025 after the delay of approximately more than three months without explaining any reason of delay. The injuries sustained by the informant's side are simple in nature. The petitioners, inadvertently, could not disclosed one criminal antecedent, accordingly the bail application was rejected by the Court below while granting bail to other co-accused person on the ground that the injuries are simple in nature. Learned counsel further submits that it was a bona fide mistake on part of the petitioners, and the nondisclosure of the criminal antecedent was not intentional.

5. Regards being had to the submissions made on behalf of the parties and taking into consideration the justification given by learned counsel for the petitioners, I am inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, allowed.

Patna High Court CR. MISC. No.9333 of 2026(2) dt.24-02-2026 3/3

7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Lakho Police Station Case No. 178 of 2025, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita. (Anil Kumar Sinha, J) Siwani/- U T