Mithilesh Singh @ Mithlesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30289 of 2022 Arising Out of PS. Case No.-65 Year-2021 Thana- JADOPUR District- Gopalganj ====================================================== MITHILESH SINGH @ MITHLESH SINGH Son of Dharam Singh @ Dharm Nath Singh Resident of village - Khawajepur, P.S.- Jadopur, District - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s:
Mr. Tarun Prasad Mandal, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 14-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Let the defect(s), if any, be removed within a period of four weeks.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302 and 504 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. The informant alleges that on 07.05.2021 a Barat of Achheylal Mahato's daughter came in his village when there was a hot talk between Mithun Chauhan and Vivek Singh for sitting on a chair, for which on 09.05.2021 at about 02:00 p.m. Puna Singh along with 29 named and 50 unknown accused
Patna High Court CR. MISC. No.30289 of 2022(2) dt.14-11-2022 2/3 came at the informant's door variously armed and started abusing and assaulting the informant and his villagers with lathi, stick and sword. Further, co-accused Bipin Singh assaulted by farsa causing injury on the head of the father of the informant and when his father became unconscious all the accused persons fled away.
Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case and he is not named in the FIR, as such, there is no allegation of assault alleged against him. It is further submitted that similarly situated co-accused Puna Singh has been granted anticipatory bail by a Coordinate Bench of this Court vide order dated 25.02.2022 passed in Cr. Misc. No. 50489 of 2021 and co-accused Vivek Singh & Ors. have been granted anticipatory bail by this Court vide order dated 14.11.2022 passed in Cr. Misc. No. 25449 of 2022.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. 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 anticipa-
Patna High Court CR. MISC. No.30289 of 2022(2) dt.14-11-2022 3/3 tory 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 court below where the case is pending/successor court in connection with Jadopur P.S. Case No. 65 of 2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T