Mitihilesh Singh @ Mithlesh Mandal @ Mithlesh Singh @ Mithilesh Singh @ Mithilesh Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57953 of 2025 Arising Out of PS. Case No.-37 Year-2015 Thana- DHOLBAJJA District- Bhagalpur ====================================================== Mitihilesh Singh @ Mithlesh Mandal @ Mithlesh Singh @ Mithilesh Singh @ Mithilesh Mandal, S/o Vilash Mandal, R/o Village- Babu Chakla, P.S.- Pasraha, District- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Santosh Kumar Singh, Advocate For the State :
Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 27-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Dholbajja (Kadba) P.S. Case No. 37 of 2015, dated 12.07.2015 registered for the offences punishable under Sections 420, 406 read with Section 34 of Indian Penal Code.
3. As per allegation, the informant has given Rs.70,000/- to co-accused, Pinkesh Singh, and Rs.5,000/- to the petitioner during course of negotiation for marriage of his daughter. However, the negotiation failed and the money was not returned. Hence, the present case was filed by the informant.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this
Patna High Court CR. MISC. No.57953 of 2025(2) dt.27-08-2025 2/3 case. He further submits that the whole case is false and fabricated. There is no transaction of any money between the petitioner and the informant and hence, the whole allegation is concocted. He further submits that even as per the FIR, there is no reference to the boy with whom the informant wanted to marry his daughter.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has no criminal antecedent.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the fact that there is no documentary proof of payment made by the informant to the accused persons and there is no identification of the boy with whom the informant wanted to marry his daughter, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of
Patna High Court CR. MISC. No.57953 of 2025(2) dt.27-08-2025 3/3 the like amount each to the satisfaction of learned concerned Court Below, in connection with Dholbajja (Kadba) P.S. Case No. 37 of 2015, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) shoaib/- U T