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Patna High CourtCR. MISC./78516/2025allowed

Mithlesh Yadav @ Mithlesh Kumar v. The State Of Bihar

2026-01-19Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78516 of 2025 Arising Out of PS. Case No.-214 Year-2025 Thana- SHEKHPURA District- Sheikhpura ====================================================== Mithlesh Yadav @ Mithlesh Kumar S/o- Krishna Yadav R/v- Barui PsSheikhpura Dist- Sheikhpura ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Pappu Yadav S/o- Anik Yadav R/v- Barui Ps- Sheikhpura Dist- Sheikhpura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 126 (2), 115 (2), 118 (1), 109, 303 (2), 319 (2), 318 (4), 352, 351 (2) and 3(5) of the BNS.

3. The case of the prosecution is that a 'panchyati' was going on. It is alleged that in the meantime, the petitioner along with others started abusing the informant and were allegedly armed with weapon. When the informant objected to the same, it is alleged that co-accused persons, namely, Sunil Yadave, Akhilesh Yadav and Kamlesh Yadav assaulted on the head of the informant with 'spade' due to which he received

Patna High Court CR. MISC. No.78516 of 2025(3) dt.19-01-2026 2/3 head injury. It is further alleged that when the son of the informant, namely, Pintu Kumar came to rescue, he was assaulted by Mithlesh Yadav, Karu Yadav, Dilip Yadav and Yogi Yadav by means of 'lathi'.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that a bare perusal of the order passed by the trial Court while considering the bail application of co-accused persons namely, Dilip Yadav and Yogi Yadav @ Yogendra Yadav, clearly reveals that the learned trial Court has held that the nature of allegation against the petitioner is general and omnibus and that the victim had received only simple injuries. It is further submitted that the bail of this petitioner was rejected by the learned trial Court solely on the ground of alleged concealment of antecedents. Moreover, the petitioner is languishing in judicial custody since 18.08.2025.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on

Patna High Court CR. MISC. No.78516 of 2025(3) dt.19-01-2026 3/3 bail in connection with Sheikhpura P.S. Case No. 214 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheikhpura/concerned Court. (Ashok Kumar Pandey, J) Jagdish/- U T