Mithun Nadaf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49791 of 2025 Arising Out of PS. Case No.-148 Year-2024 Thana- AMDABAD District- Katihar ====================================================== Mithun Nadaf son of Antim Mansuri @ Atim Nadaf @ Antim Nadaf Resident of Village- Navrattanpur PS -Amdabad District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 29-07-2025 Heard Mr. Bimal Kumar, learned counsel for the petitioner and Mr. Madhura Nand Jha, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Amdabad P.S. Case No. 148 of 2024, F.I.R. dated 01.08.2024 for the offences punishable under Sections 329(4), 126(2), 115(2), 118(1), 109, 74, 351(2), 351(3), 352, 3(5) of the Bharatiya Nyay Sanhita, 2023.

3. According to prosecution case, the informant alleged that the petitioner along with other accused persons arrived at his home and started assaulting his elder brother. On protest, the accused persons assaulted the informant and torn the clothes of his wife and silver chain was snatched worth of Rs. 3500/.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.49791 of 2025(2) dt.29-07-2025 2/2 petitioner is innocent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that there is direct and specific allegation against the petitioner that he assaulted to the informant and the injury report of the informant suggest that injury inflicted upon him is grievous in nature. He further submits that petitioner carries one criminal antecedent other than the present one but fairly submits on the basis of paragraph-3 of the bail application that the petitioner is on bail in the said matter.

6. Considering the aforesaid facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Amdabad P.S. Case No. 148 of 2024 pending in the court of Judicial Magistrat-1st Class, Katihar.

7. Prayer is refused.

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