Mithilesh Singh @ Mithalesh Singh @ Malha @ Malha Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53303 of 2025 Arising Out of PS. Case No.-122 Year-2025 Thana- BYPASS District- Patna ====================================================== Mithilesh Singh @ Mithalesh Singh @ Malha @ Malha Singh S/O Badri Singh R/O Village-Marcha, P.S-Bypass, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Chandra For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 191(1), 192(2), 126(2), 115(2), 109, 125, 132, 352, 351(2) and 351(3) of the Bharatiya Nyaya Sanhita.

3.

Learned counsel for the petitioner submits that petitioner has antecedent of three cases and informant alleges that informant along with police force had gone to inspect the site for Holika Dahan, when accused persons 32 in number came and attacked the force and pelted stone causing injury to police officials.

4.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the

2/4 informant because of his antecedent. It is further submitted that petitioner resides near the place of occurrence, as such when ruckus was created, he also came out of his house to witness the occurrence, when he came to be implicated. It is further submitted that no specific allegation is alleged against the petitioner.

5.

The learned APP opposes the anticipatory bail application and submits that petitioner has antecedent of three cases and he is alleged to have participated in the occurrence on account to which police officials got injured. It is next submitted that if the privilege of anticipatory bail is granted to the petitioner, the petitioner may abscond, on which the learned counsel appearing on behalf of the petitioner submits that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.

6.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

7.

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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/-

3/4 (Rupees Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bypass P.S. Case No. 122 of 2025, subject to the conditions as laid down under Section 482 (2) of the BNSS.

8.

One of the bailors of the petitioner shall be his father, Badri Singh.

9.

However, it is made clear that in the event, if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioner, despite giving assurance to this Court, is not cooperating in the investigation, in that event, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. 10.

It is further made clear that the petitioner will keep marking his attendance in the concerned police station in between 27th to 30th of every month commencing from August 2025 till investigation is not over. In the event, if the petitioner does not mark his attendance in the concerned police station, in between the aforesaid dates in any month till investigation is not over, in that event also the Investigating Officer of the case will file an application before the learned trial court bringing to its notice that petitioner is violating the condition of the grant of

4/4 anticipatory bail and the learned trial court shall be at liberty to cancel the bail bond of the petitioner.

11.

Let a copy of this order be sent to the concerned police station through the learned Trial Court. (Satyavrat Verma, J) Sumit/- U T