Mithilesh Paswan @ Mithilesh Kumar PaswanversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.4126 of 2026
                   Arising Out of PS. Case No.-103 Year-2025 Thana- ANGARGHAT District- Samastipur
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           1.     Mithilesh Paswan @ Mithilesh Kumar Paswan Son of Sitaram Paswan
                  Resident of Vill. and P.O - Harpur Rewari, Ward No.-5, P.S - Angarhat,
                  District - Samastipur, 848134.
           2.    Brajesh Paswan @ Brajesh Kumar Son of Sitaram Paswan Resident of Vill.
                 and P.O - Harpur Rewari, Ward No.-5, P.S - Angarhat, District - Samastipur,
                 848134.
           3.    Avdhesh Paswan @ Avdhesh Kumar Son of Sitaram Paswan Resident of
                 Vill. and P.O - Harpur Rewari, Ward No.-5, P.S - Angarhat, District -
                 Samastipur, 848134.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Hemant Kumar Karn, Advocate
                 For the State           :       Mr. Harendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   06-02-2026                    Heard Mr. Hemant Kumar Karn, learned counsel for

                   the petitioners and Mr. Harendra Prasad, learned APP for the

                   State.

                                   2. The petitioners are apprehending their arrest in

                   connection with Angarghat P.S. Case No. 103 of 2025, F.I.R.

                   dated 27.08.2025 registered for the offences punishable under

                   Sections 126(2), 115(2), 118(1), 103(1), 351(2) and 3(5) of

                   Bharatiya Nyaya Sanhita, 2023.

                                  3. Allegation against the petitioners is that they have

                   assaulted the daughter-in-law of the informant due to which she
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          died.

                       4. Learned counsel for the petitioners submits that the

          petitioners have clean antecedents and they have been falsely

          implicated in the present case.                 Learned counsel for the

          petitioners further submits that the allegation as alleged in the

          F.I.R. is false and fabricated and the petitioners have not

          committed any offence as alleged in the F.I.R. From perusal of

          the F.I.R. it appears that the F.I.R. is in two parts, in first part,

          there is specific allegation of assault is against co-accused

          person namely, Akhilesh Paswan @ Akhilesh Kumar and in

          second part, there is general and omnibus allegation against all

          the accused persons including the petitioners and co-accused

          Akhilesh Paswan @ Akhilesh Kumar is in judicial custody since

          23.12.2025 and apart from aforesaid it appears from the F.I.R.

          that the date of occurrence as alleged in the F.I.R. is 24.08.2025

          but the F.I.R. was instituted on 27.08.2025 after delay of three

          days without giving any explanation of delay and apart from

          that there is no specific allegation of any assault or overt act

          attributed against these petitioners.

                       5. Learned APP for the State has opposed the prayer

          for anticipatory bail of the petitioners.

                       6. Considering the facts and circumstances of the case
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          and the fact that the petitioners having clean antecedents and

          there is no specific allegation of any assault or overt act

          attributed against these petitioners in the F.I.R., let the

          petitioners, above named, in the event of their 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/- (Rupees Ten Thousand)

          each with two sureties of the like amount each to the satisfaction

          of learned Judicial Magistrate, 1st Class, Dalsingsarai,

          Samastipur in connection with Angarghat P.S. Case No. 103 of

          2025, subject to the conditions as laid down under Section

          438(2) of the Code of Criminal Procedure/ Section 482(2) of

          BNSS, 2023 and with other following conditions :-

                       (1) Petitioners shall co-operate in the trial and shall

          be properly represented on each and every date fixed by the

          Court and shall remain physically present as directed by the

          Court and on their absence on two consecutive dates without

          sufficient reason, their bail bonds shall be cancelled by the

          Court below.

                       (2) If the petitioners tamper with the evidence or the

          witness, in that case, the prosecution will be at liberty to move

          for cancellation of bail.
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                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioners and in case at

                         any stage, it is found that the petitioners have concealed their

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioners.            However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T