Patna High Court
Mithlesh Kumar @ Mithilesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court held that, in view of the insufficient evidentiary material and the petitioner’s clean record, anticipatory bail must be granted.
Summary
The petitioner, Mithlesh Kumar, sought anticipatory bail in connection with a FIR alleging assault with a knife under Sections 126(2), 118(1), 74 and 351(3) of the Bharatiya Nyaya Sanhita. The prosecution alleged that the petitioner attacked a woman near Sipara talab, causing injuries to her neck, head, hand, cheek and ear. The petitioner contended that the injury report did not corroborate the allegations, that there was a possible love affair, no knife was used, and he had no criminal antecedent. The Additional Public Prosecutor opposed the bail, but the court examined the lack of material evidence and the petitioner’s clean record. Relying on the insufficiency of the injury report and the statutory provisions for anticipatory bail, the court granted bail subject to conditions. The order directed the petitioner to surrender within thirty days, furnish a bail bond of Rs.10,000 with two sureties, and comply with conditions under Section 438(2) CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure.
- Whether the material on record, including the injury report, sufficiently substantiates the allegations of assault with a knife.
- Whether the petitioner’s lack of criminal antecedent and personal circumstances warrant the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 118(1), 126(2), 351(3), 74
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNS
- Bharatiya Nyaya Sanhita
- assault
- insufficient evidence
- clean record
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15634 of 2026
Arising Out of PS. Case No.-524 Year-2024 Thana- BEUR District- Patna
======================================================
Mithlesh Kumar @ Mithilesh Kumar Son of Krishna Yadav R/o village-
Ankuri Tola , post - Dhobdiha , P.s- Khodaganj, (Khudaganj) , District -
Nalanda At Present Resident of village- Bigrahpur,Ps- Jakkanpur, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 29-04-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Beur P.S. Case No.524 of 2024, F.I.R dated
08.09.2024 registered for the offences punishable under
Sections 126(2), 118(1), 74 and 351(3) of the Bharatiya Nyaya
Sanhita, 2023.
3. According to prosecution case, on 08.09.2024
alleging that on 03.09.2024 at around 10:00 PM, while returning
home from work, she was confronted by Mithlesh Kumar near
Sipara talab. She alleged that he had previously attempted to
outrage her modesty and, on this occasion, again tried to
misbehave with her. When she resisted, he allegedly attacked
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her with a knife, causing injuries to her neck, head, hand, cheek,
and ear. On raising alarm, locals gathered, and she later
informed her daughter and nephew, who took her for treatment.
She was treated at Gardiner Hospital and admitted to PMCH
from 4.9.2024 to 5.9.2024.
4. Learned counsel for the petitioner submits that
pursuant to the order dated 12.03.2026, case diary and injury
report was called for and it appears that the nature of the injury
sustained by the informant, does not corroborate the allegations
levelled in the F.I.R. It has further been submitted that the love
affair between them cannot be ruled out and there is no material
to show that in the assault any knife or dagger was used for
causing injury to the informant over her neck, head, left hand,
left cheek and ear. It is the case of the petitioner that the
petitioner is student and has completed his graduation from
Snatak College, Islampur at Nalanda and at the time of incident,
the petitioner was working in the Jai Prabha Medanta Hospital
and due to some altercation between the parties, the incident of
the present kind is said to have been alleged against this
petitioner. Lastly, it has been submitted that the petitioner has no
criminal antecedent.
5. Learned APP for the State opposes the prayer for
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anticipatory bail application.
6. Considering the aforesaid facts and circumstances that
injury report doesn’t substantiate the allegations and there is no
material to show that in the assault any knife or dagger was used for
causing injury to the informant and the petitioner is student and has
completed his graduation from Snatak College, Islampur at Nalanda
and is currently working in Jai Prabha Medanta Hospital and due to
some altercation between the parties, the present case is said to have
been lodged against the petitioner and the petitioner has no criminal
antecedent. Accordingly, this Court is inclined to grant the privilege
of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of
his/her arrest or surrender before the Court below within a
period of thirty days from the date of receipt of the order, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Chief Judicial Magistrate,
1st Patna, in connection with Beur P.S. Case No.524 of 2024,
subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure / Section 482(2) of the Bhartiya
Nagarik Suraksha Sanhita and with other following conditions:-
(i) one of the bailors should be the family
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member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
sharun/-
U T
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