Mithwa Mandal @ Mithlesh Kumar @ Mithesh Kumar @ Mithas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17701 of 2025 Arising Out of PS. Case No.-78 Year-2022 Thana- DHAMDAHA District- Purnia ====================================================== Mithwa Mandal @ Mithlesh Kumar @ Mithesh Kumar @ Mithas Kumar Son of Sri Anandi Mandal Resident of Vill- Saurkahi, Ward No. 1, P.S.- Dhamdaha, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Dhamdaha P.S. Case No. 78 of 2022 instituted for the offence under Sections 302/34 of the Indian Penal Code. 3.

As per prosecution case, the allegation against the petitioner is that he along with other named accused persons was involved in killing of the informant's Samdhi by throttling. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 23-12-2024. Petitioner bears no criminal antecedent, as per disclosure made in

Patna High Court CR. MISC. No.17701 of 2025(2) dt.03-04-2025 2/3 paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submits that informant and petitioner is agnate and there is subsisting land dispute between them. No incriminating article has been recovered from the possession of the petitioner. There is no eye witness to the occurrence. Charge sheet is submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is next submitted that petitioner is named in the FIR with an allegation that petitioner and co-accused persons in furtherance of their common object have committed murder of deceased. Moreover, informant, an eyewitness, has supported the prosecution version in her restatement. It is lastly contended that bail of similar coaccused has been rejected by a Co-ordinate Bench of this Court vide order dated 22-08-2023, passed in Cr. Misc. No. 30702 of 2023.

7.

Considering the aforesaid facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner. Prayer for grant of bail is, accordingly, rejected. 8.

The Trial Court is directed to expedite the trial as

Patna High Court CR. MISC. No.17701 of 2025(2) dt.03-04-2025 3/3 expeditiously as possible without any undue delay and unnecessary adjournments.

(Rudra Prakash Mishra, J) Raj Kishore/- U T