Mithlesh Yadav @ Mithlesh Kumar @ MitoversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42724 of 2026
                          Arising Out of PS. Case No.-215 Year-2026 Thana- BARH District- Patna
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                 Mithlesh Yadav @ Mithlesh Kumar @ Mito S/O Budhan Yadav @
                 Bindeshwar Yadav Resident Of Village- Mogalpura Tola, Chak Daulat, P.s.-
                 Bakhtiyarpur, Dist.- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Durgesh Nandan, Advocate
                 For the Informant        :        Mr. Ranjan Kumar Dubey, Advocate
                 For the State            :        Mr. Zainul Abedin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   06-07-2026                     Heard Mr. Durgesh Nandan, learned counsel for the

                   petitioner,     Mr. Ranjan Kumar Dubey, learned counsel for the

                   Informant and Mr. Zainul Abedin, learned APP for the State.

                                 2. Petitioner seeks bail, who is in custody since

                   21.03.2026, in connection with Barh P.S. Case No. 215 of 2026,

                   F.I.R. dated 31.03.2026 registered for the offences punishable

                   under Sections 126(2), 115(2), 118(1), 109, 351(2), 352 read with

                   3(5) of the B.N.S., 2023 and Section 27 of the Arms Act, 1959..

                                 3. Allegation against the petitioner is of abusing and

                   assaulting the informant due to which he sustained injuries on his

                   body.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the
Patna High Court CR. MISC. No.42724 of 2026(2) dt.06-07-2026
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          present case. From perusal of the F.I.R., it appears that due to

          some previous dispute the present occurrence had taken place.

          Although, the petitioner is named in the F.I.R. but there is no

          specific allegation of any assault or overt act or firing attributed

          against the petitioner rather there is general and omnibus

          allegation against the petitioner and other co-accused person that

          they have fired in the air and there is specific allegation of firing

          is against co-accused person, namely, Mangal @ Santosh Kumar.

          He further submits that the police after investigation submitted

          chargesheet against the petitioner and the petitioner is in custody

          since 21.03.2026.

                       5. Learned counsel for the Informant as well as learned

          Additional Public Prosecutor for the State, on the other hand, has

          vehemently opposed the prayer for                bail of the petitioner and

          submits that the petitioner was present at the place of occurrence

          and apart from that the petitioner carries four more cases other

          than the present one but fairly submits on the basis of paragraph-3

          of the bail petition that the petitioner is on bail in the pending

          matters.

                       6. Considering the facts and circumstances of the case

          and the fact that there is no specific allegation of any assault or

          overt or firing attributed against the petitioner, let the petitioner,

          above named, be released on bail on furnishing bail bond of Rs.
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                         10,000/- (Rupees Ten Thousand) with two sureties of the like

                         amount each to the satisfaction of learned A.C.J.M. 1 st Class,

                         Barh, Patna in connection with Barh P.S. Case No. 215 of 2026,

                         subject to the following conditions :-

                                      (1) Petitioner 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

                         his absence on two consecutive dates without sufficient reason, his

                         bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

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

                         cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at any

                         stage, it is found that the petitioner has concealed his criminal

                         antecedents, the court below shall take step for cancellation of bail

                         bond of the petitioner. 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