Mithilesh Kumar @ Mithlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73702 of 2018 Arising Out of PS. Case No.-72 Year-2018 Thana- RAJAPAKAR District- Vaishali ====================================================== MITHILESH KUMAR @ MITHLESH KUMAR, Son of Late Raj Mandal Singh, Resident of Village- Rajapakar Rajputana Tola, Police StationRajapakar, District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Girish Chandra Jha, Adv.

For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147/148/149/341/323/337/504/506/353/307/427 of the Indian Penal Code.

The prosecution case is that the accused persons pelted stones on a marriage procession causing injuries to several persons.

It is submitted by learned counsel for the petitioner that the

Patna High Court Cr.Misc. No.73702 of 2018(2) dt.21-12-2018 2/3 specific accusation is against the mob and apart from the present case one more has been lodged with regard to the same incident. Considering the omnibus and general nature of accusation similarly situated co-accused have been granted bail by a coordinate Bench of this Court vide Criminal Miscellaneous No. 40822/2018. A statement has been made in paragraph no.3 of the petition to the effect that though the petitioner is accused in two other cases, but in all the cases his anticipatory bail application is pending.

It is submitted by learned APP for the State that the accusation of causing injury to several persons of a marriage party Considering the accusation being omnibus and general against the mob and co-accused have been granted bail, coupled with statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-VII, Vaishali at Hajipur, in connection with Rajapakar P.S. Case

Patna High Court Cr.Misc. No.73702 of 2018(2) dt.21-12-2018 3/3 No.72/2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T