Mithilesh Kumar @ Mithlesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46115 of 2025 Arising Out of PS. Case No.-271 Year-2023 Thana- LALGANJ District- Vaishali ====================================================== Mithilesh Kumar @ Mithlesh Kumar S/o- Late Mahesh Sah VillageSahdullahpur PS-Lalganj Dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajit Kumar , Advocate For the Opposite Party/s :
Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State .
2. Petitioner seeks regular bail in case registered for the offences punishable under Sections 147, 148 , 447, 341 , 323 , 379, 354, 307, 302, 504 and 506 of IPC . 3 . The prosecution case , in brief, is that informant namely, Raja Kumar alleged that on 31.07.2023 , all the F.I.R. named accused persons armed with lathi, danda, iron rod, pistol, sword came and abused informant and upon objection , coaccused Sonu Kumar assaulted him with sword and when
Patna High Court CR. MISC. No.46115 of 2025(3) dt.05-12-2025 2/3 family members of informant came to his rescue then other named accused persons also assaulted them. It is further alleged that on 01.08.2023 at about 7 AM, when mother of informant was alone at house , some accused persons came and abused her and also assaulted her with iron rod due to which she sustained injuries and during course of treatment she died.
4. Learned counsel for the petitioner submitted that as per F.I.R. 12 named accused persons including this petitioner assaulted informant and others. As per F.I.R. petitioner is not the assailant of deceased. Allegation of assault is general and omnibus against this petitioner. Petitioner is alleged to have assaulted elder brother of informant with butt of pistol but there is no injury report on record to substantiate the allegation of assault. Petitioner claims clean antecedent and is in custody since 05.03.2025 .
5 . Learned A.P.P. for the State vehemently opposes the bail application.
6. Considering the aforesaid facts, materials available on record, period of custody and other circumstances of the case , the bail application is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.46115 of 2025(3) dt.05-12-2025 3/3 each to the satisfaction of learned CJM Vaishali at Hajipur in connection with Lalganj P. S. Case No. 271 of 2023 . (Prabhat Kumar Singh, J) Koushik/- U T