Mithlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19782 of 2022 Arising Out of PS. Case No.-313 Year-2021 Thana- MOKAMAH District- Patna ====================================================== 1.

MITHLESH KUMAR SON OF JOGI RAM @ YOGENDER RAM RESIDENT OF BARAHPUR, WARD NO. 10, P.S.- MOKAMA, DISTRICT-PATNA 2.

MANISH KUMAR SON OF LATE GONGU @ DINESH RAM RESIDENT OF BARAHPUR, WARD NO. 10, P.S.- MOKAMA, DISTRICT-PATNA 3.

MANTU KUMAR @ MITTHU KUMAR SON OF KIRAN RAM RESIDENT OF BARAHPUR, WARD NO. 10, P.S.- MOKAMA, DISTRICT-PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Abhay Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-10-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Learned counsel for the petitioners seeks permission to withdraw the anticipatory bail application of petitioner no. 1 Mithlesh Kumar.

Permission is accorded.

The petitioner no. 2 and 3 apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code. The informant alleges that on 15.10.2021 at 1:30 pm

Patna High Court CR. MISC. No.19782 of 2022(2) dt.17-10-2022 2/3 Mithlesh Kumar forced the daughter of the informant to talk to him, accordingly his daughter informed her mother who went to the house of the petitioners for complaining on which Mithlesh Kumar on 16.10.2021 along with other accused persons came to the house of the informant and assaulted his nephew with pistol butt and when the son of the informant came to save him, he was injured and thereafter all the accused assaulted with kick and fist.

Learned counsel for the petitioner no. 2 and 3 submits that petitioners are persons with clean antecedent and have been falsely implicated in the present case, it is next submitted that it was Mithlesh who had committed the occurrence and petitioners being friend of Mithlesh came to be implicated. Learned counsel next submits that even from the allegation as alleged would manifest that allegation of assault against the petitioners are general and omnibus in nature.

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

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.19782 of 2022(2) dt.17-10-2022 3/3 (Rupees Ten Thousand) each 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 Mokama P.S. Case No. 313 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T