Mithlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22610 of 2024 Arising Out of PS. Case No.-455 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== Mithlesh Kumar Son Of Kishandev Rai R/O-Nawanagar, P.S.-BIDUPUR, Distt.-VAISHALI (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subodh Kumar For the Opposite Party/s :

Mr. Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-04-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 427, 379, 504, 506 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant with an allegation that on his order, Rakesh Rai and Vikash Kumar assaulted the informant and Mukesh Rai assaulted his wife. It is thus submitted that the allegation of assault is against other accused persons. It is further submitted that it is very easy to implicate someone by alleging that on his order, the occurrence was committed. It is further submitted that whether the accused

Patna High Court CR. MISC. No.22610 of 2024(2) dt.25-04-2024 2/2 who assaulted would have jumped from 10th floor if the petitioner had given them order to jump, the answer would be no but then when it comes to implicating a person falsely in a criminal case, when he is not alleged to have committed any occurrence, in that event, it is alleged that on his order the occurrence was committed.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bidupur P.S. Case No.455/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T