Mithilesh Jha @ Mithilesh Kumar Jha @ Mithilesh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49383 of 2025 Arising Out of PS. Case No.-99 Year-2022 Thana- HARLAKHI District- Madhubani ====================================================== Mithilesh Jha @ Mithilesh Kumar Jha @ Mithilesh S/o Shri Shobha Kant Jha R/o Vill- Mohanpur, P.S.- Harlakhi, Distt- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Murari Narain Chaudhary For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-08-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State, Shri Chandra Bhushan Prasad. 2.

The petitioner apprehends his arrest in connection with Harlakhi P.S. Case No. 99 of 2022 registered for the offences punishable under Sections 307, 323, 341, 354, 379, 504, 506 and 34 of the Indian Penal Code.

3.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that the petitioner in an intoxicated condition asked for credit from her son who runs a shop, on refusal, petitioner assaulted her son by knife and farsa causing injury on face, arm and nose and when informant went to save her son, the petitioner assaulted her by knife causing injury on her breast. 4.

The Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.49383 of 2025(2) dt.11-08-2025 2/2 petitioner has been falsely implicated in the instant case by the informant. It is next submitted that though it is alleged that petitioner was in an intoxicated condition, but then the FIR has not been instituted under the Excise Act. It is also submitted that even presuming what has been alleged is true without admitting, then the injury suffered by the injured is simple in nature. 5.

The Learned APP opposes the anticipatory bail application and submits that FIR is not an encyclopedia and during the course of investigation, the police may add Excise Act. It is also submitted that there is specific allegation against the petitioner of assaulting the informant and his mother by knife and the injury suffered by the mother of the informant by knife is on vital part of the body.

6.

Considering the submissions made by the learned APP, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

7.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Satyavrat Verma, J) Sumit/- U T