Mithlesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25213 of 2025 Arising Out of PS. Case No.-391 Year-2024 Thana- NARHATT District- Nawada ====================================================== 1.
Mithlesh Yadav S/O Lali Yadav Village - Babhanour, Tola- Somran Bigha, P.S.- Narhat, District - Nawada 2.
Lali Yadav S/O Late Amrit Yadav Village - Babhanour, Tola- Somran Bigha, P.S.- Narhat, District - Nawada 3.
Sambhu Yadav S/O Late Ramswaroop Yadav Village - Babhanour, TolaSomran Bigha, P.S.- Narhat, District - Nawada 4.
Manti Devi W/O Late Ramswaroop Yadav Village - Babhanour, TolaSomran Bigha, P.S.- Narhat, District - Nawada 5.
Arti Devi W/O Mithlesh Yadav Village - Babhanour, Tola- Somran Bigha, P.S.- Narhat, District - Nawada ... ... Petitioners
Versus
The State of Bihar and Anr.
... ... Opposite Parties ====================================================== Appearance :
For the Petitioners :
Mr. Durgesh Nandan, Advocate For the State :
Mr. Chandra Bhushan Prasad, APP For the Informant :
Mr. Krishna Deo Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 23-07-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Narhat PS. Case No-391 of 2024, Dated-13.11.2024, registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2), 3(5) of the B.N.S., 2023.
3. As per allegation, on account of land dispute
2/4 altercation took place in which both the sides got injuries and there is also case and counter case. The counter case filed by the petitioner side is Narhat P.S. Case No. 5136012240404 of 2024 registered for the offences punishable under Sections 191(2), 190, 131, 115(2), 110, 76, 303(2) of the B.N.S., 2023.
4. learned counsel for the petitioners submit that the Petitioners are innocent and have falsely been implicated in this case. He further submits that on account of land dispute altercation took place in which both the sides got injuries and there is also case and counter case. The counter case filed by the petitioner side is Narhat P.S. Case No. 5136012240404 of 2024 registered for the offences punishable under Sections 191(2), 190, 131, 115(2), 110, 76, 303(2) of the B.N.S., 2023. He also undertakes that the petitioner will not oppose the bail petition of the informant's side in the counter case filed by the petitioner's side.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioner nos.1, 2, 4 & 5 have been made accused in one other case, whereas the petitioner no.3 has no
3/4 criminal antecedents.
7. learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Narhat PS. Case No-391 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong,
4/4 learned court below shall cancel the bail bonds of the petitioners.
(Jitendra Kumar, J.) Chandan/- U T