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Patna High CourtCR. MISC./50728/2025allowed

Mithilesh Singh @ Tannu Singh v. The State Of Bihar

2025-08-12Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50728 of 2025 Arising Out of PS. Case No.-122 Year-2025 Thana- BYPASS District- Patna ====================================================== 1.

Mithilesh Singh @ Tannu Singh S/o- Late Laldev Singh, R/O VillageMarcha PS-Bypass District- Patna 2.

Ramesh Singh S/o- Late Laldev Singh, R/O Village- Marcha PS-Bypass District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Soni Kumari, Adv.

For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 12-08-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Bypass P.S. Case No. 122 of 2025 registered for the offences punishable under Sections 191(1), 191(2), 126(2), 115(2), 109, 125, 132, 352, 351(2) and 351(3) of the BNS, 2023.

3. The allegation against the petitioners is of forming unlawful assembly along with thirty named accused persons and 100-150 unknown persons and shouting, abusing and assaulting the police personnel, who came to inspect in the village on the eve of Holika Dahan. On account of brick and stone pelting, two of the police personnel, including one A.S.I. sustained injury.

Patna High Court CR. MISC. No.50728 of 2025(2) dt.12-08-2025 2/3

4. Learned Advocate for the petitioners submitted that from the FIR, it would be evident that there was huge gathering of the public and taking advantage of this, some of the persons pelted stone; however, only on account of suspicion, the name of the petitioners, who were the local people, have been implicated in this case along with others. No means of identification has been disclosed. Moreover, the impugned order also does not whisper about the nature of injury sustained to the police personnel. The petitioners are men of fair antecedent and they undertake that they will fully cooperate in the investigation and the proceeding of the Court.

4. On the other hand, learned Advocate for the State opposed the bail application and submitted that the petitioners along with others had created obstruction to the police personnel in discharging their official duty.

6. Regard being had to the submissions made on behalf of the parties and taking note of the omnibus nature of allegation against the petitioners, apart from their fair antecedent, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties

Patna High Court CR. MISC. No.50728 of 2025(2) dt.12-08-2025 3/3 of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Patna City in connection with Bypass P.S. Case No. 122 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioners.

(Harish Kumar, J) rohit/- U T