Mithilesh Kumar Singh @ Mithilesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86276 of 2023 Arising Out of PS. Case No.-115 Year-2023 Thana- KHAJAULI District- Madhubani ====================================================== 1.
Mithilesh Kumar Singh @ Mithilesh Singh Son of Ram Bahadur Singh Resident of Village Sukki Ward No. 05, PS Khajauli District Madhubani 2.
Naval Kishore Singh Son of Ram Padarath Singh Resident of Village Sukki Ward No. 05, PS Khajauli District Madhubani 3.
Ram Padarath Singh son of Asharfi Das Resident of Village Sukki Ward No. 05, PS Khajauli District Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravindra Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-01-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Khajauli P.S. Case No. 115 of 2023 dated 14.06.2023, instituted for the offence punishable under Sections 341, 323, 337, 307, 379 and 354(B)/34 of the Indian Penal Code.
3. The prosecution case, in short, is that on the date of occurrence the informant, namely, Ramsati Devi was giving fodder to her cow at her doors and at the same time mud full of tractor was dropped in front of her house and on asking about it, nine F.I.R. named accused persons variously armed with
Patna High Court CR. MISC. No.86276 of 2023(2) dt.18-01-2024 2/3 weapons started assaulting her and when her two sons came to save her then they too were assaulted by all the accused persons due to which they became unconscious and fell down.
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is submitted that there is no specific allegation against the petitioners rather allegations against them are general and omnibus. There is case and counter case between both the parties. It is further submitted that during scuffle, both the parties have received injury. The present F.I.R. has been lodged against nine named persons including the petitioners. Lastly, it has been submitted that petitioners have no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioners.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners in connection with Khajauli P.S. Case No. 115 of 2023, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-Ist Class,
Patna High Court CR. MISC. No.86276 of 2023(2) dt.18-01-2024 3/3 Madhubani, subject to condition as laid down under Section 438(2) of the Cr.P.C..
(Khatim Reza, J) prabhat/- U