Mithlesh Kumar @ Mithilesh Kumar @ Mithlesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20364 of 2026 Arising Out of PS. Case No.-8 Year-2026 Thana- FATUA District- Patna ====================================================== Mithlesh Kumar @ Mithilesh Kumar @ Mithlesh Prasad S/O Ramji Prasad @ Ramji Pd. @ Ram Jee Prasad Yadav R/O Vill.- Neshra, P.S.- Karai Parusarai, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 26-03-2026 Heard Mr. Ravish Mishra, learned counsel for the petitioner and Mr. Bhanu Pratap Singh, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 06.01.2026 in connection with Fatuha P.S. Case No. 08 of 2026, F.I.R. dated 05.01.2026 for the offences punishable under Sections 292, 308(5), 308(2), 318(4) and 3(5) of the BNS, 2023.

3. According to prosecution case, the informant apprehended this petitioner along with other accused persons who were collecting illegal toll tax from the tempo in Sonaru Mor.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.20364 of 2026(2) dt.26-03-2026 2/3 implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. As per the allegation, the informant got confidential information that the petitioner has collected illegal toll tax from the tempo in Sonaru Mor. He further submits that the petitioner works under one Kamrendra Kumar who has been allotted the work of collection of toll tax by the authority concerned. The petitioner is in custody since 06.01.2026.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances that the petitioner has clean antecedent and the employer of the petitioner was allotted to collect toll tax by the authority concerned, let the petitioner, above named, 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-II, Patna City in connection with Fatuha P.S. Case No. 08 of 2026, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court

Patna High Court CR. MISC. No.20364 of 2026(2) dt.26-03-2026 3/3 and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Vanisha/- U T