Mithlesh Kumar @ Mithilesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15634 of 2026 Arising Out of PS. Case No.-524 Year-2024 Thana- BEUR District- Patna ====================================================== Mithlesh Kumar @ Mithilesh Kumar Son of Krishna Yadav R/o villageAnkuri Tola , post - Dhobdiha , P.s- Khodaganj, (Khudaganj) , District - Nalanda At Present Resident of village- Bigrahpur,Ps- Jakkanpur, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 29-04-2026 Heard the learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Beur P.S. Case No.524 of 2024, F.I.R dated 08.09.2024 registered for the offences punishable under Sections 126(2), 118(1), 74 and 351(3) of the Bharatiya Nyaya Sanhita, 2023.
3. According to prosecution case, on 08.09.2024 alleging that on 03.09.2024 at around 10:00 PM, while returning home from work, she was confronted by Mithlesh Kumar near Sipara talab. She alleged that he had previously attempted to outrage her modesty and, on this occasion, again tried to misbehave with her. When she resisted, he allegedly attacked
2/4 her with a knife, causing injuries to her neck, head, hand, cheek, and ear. On raising alarm, locals gathered, and she later informed her daughter and nephew, who took her for treatment. She was treated at Gardiner Hospital and admitted to PMCH from 4.9.2024 to 5.9.2024.
4. Learned counsel for the petitioner submits that pursuant to the order dated 12.03.2026, case diary and injury report was called for and it appears that the nature of the injury sustained by the informant, does not corroborate the allegations levelled in the F.I.R. It has further been submitted that the love affair between them cannot be ruled out and there is no material to show that in the assault any knife or dagger was used for causing injury to the informant over her neck, head, left hand, left cheek and ear. It is the case of the petitioner that the petitioner is student and has completed his graduation from Snatak College, Islampur at Nalanda and at the time of incident, the petitioner was working in the Jai Prabha Medanta Hospital and due to some altercation between the parties, the incident of the present kind is said to have been alleged against this petitioner. Lastly, it has been submitted that the petitioner has no criminal antecedent.
5. Learned APP for the State opposes the prayer for
3/4 anticipatory bail application.
6. Considering the aforesaid facts and circumstances that injury report doesn't substantiate the allegations and there is no material to show that in the assault any knife or dagger was used for causing injury to the informant and the petitioner is student and has completed his graduation from Snatak College, Islampur at Nalanda and is currently working in Jai Prabha Medanta Hospital and due to some altercation between the parties, the present case is said to have been lodged against the petitioner and the petitioner has no criminal antecedent. Accordingly, this Court is inclined to grant the privilege of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of his/her arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, 1st Patna, in connection with Beur P.S. Case No.524 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- (i) one of the bailors should be the family
4/4 member/relative/known of the petitioner(s) who shall provide official document/personal affidavit to show his/her bona fide; (ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself; (iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) sharun/- U T