Patna High Court
Mithun RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The Court allowed the petition for anticipatory bail, granting it subject to prescribed conditions.
Summary
Mithun Rai sought anticipatory bail fearing arrest in a case (PS No.19/2023) involving alleged offences under Sections 147, 149, 323, 504, 302 and 506 IPC, where he was accused of assaulting an informant’s family and causing the death of the informant’s father by pressing his testicles. The petitioner’s counsel argued that he was falsely implicated, that the post‑mortem report indicated death due to chest compression and sternum fracture rather than testicular injury, and that no specific overt act was alleged against him, emphasizing his clean antecedent. The State opposed the bail, contending the seriousness of the charges. The Court, after considering the submissions and the circumstances, granted anticipatory bail under Section 438(2) of the CrPC read with Section 482(2) of the BNSS, imposing conditions such as a bail bond, sureties, presence at trial, and verification of antecedents. The order clarified that any observations made would not affect the trial, and the application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged offences.
- Whether the prosecution’s case sufficiently implicates the petitioner to deny bail.
- Whether the post‑mortem findings and lack of specific allegation against the petitioner affect the bail decision.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 147, 149, 302, 323, 504, 506
Subjects
- anticipatory bail
- Section 438 CrPC
- false implication
- IPC offences
- post‑mortem report
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6302 of 2026
Arising Out of PS. Case No.-19 Year-2023 Thana- NIMACHANDPURA District- Begusarai
======================================================
Mithun Rai Son of Kapildev Rai Resident of village- Ramanand Nagar, Ps-
Neemachandpura, Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. S.K. Lal, Sr. Adv.
Mr.Pritish Kumar Lal, Adv.
For the Opposite Party/s : Mr.Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 04-02-2026 Heard learned Senior counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Nemachandpura P.S. Case No. 19 of 2023 (G.R. No.
422/2023) dated 05.02.2023 registered for the offences
punishable under Sections 147, 149, 323, 504, 302 and 506 of
the Indian Penal Code.
3. The allegation against the petitioner is that he along
with seven other named accused persons assaulted the informant
and his brother. It is further alleged that when the informant’s
father intervened, they all started beating his father, in the
meantime, it is alleged that the co-accused, Hareram Mahto and
Kapildev Rai pressed the testicles of the informant’s father and
Patna High Court CR. MISC. No.6302 of 2026(2) dt.04-02-2026
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subsequently, he died.
4. The learned Senior counsel for the petitioner
submits that petitioner has falsely been implicated in this case
and no such occurrence as alleged has occurred. It has further
been submitted that the specific case of the prosecution is that
on pressing of the testicles of the informant’s father, he died,
however, from perusal of the Post-mortem report, it would
appear that multiple injuries were found on the chest and right
leg anterior surface and the cause of death is stated to be
asphyxia caused by compression of chest and fracture of
sternum. Learned Senior counsel has further submitted that
there is no specific allegation of overt act against the petitioner.
It has lastly been submitted that the petitioner has clean
antecedent.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid submissions made by the
parties and taking into account the facts and circumstances of
the case, the petitioner, above named, is directed to be released
on anticipatory bail, in the event of arrest or surrender before the
Court below within a period of four weeks from today, on
furnishing bail-bond of Rs. 10,000/-(Rupees Ten Thousand)
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with two sureties of the like amount each to the satisfaction of
the learned Court below where the case is pending/successor
court in connection with Nemachandpura P.S. Case No. 19 of
2023 (G.R. No. 422/2023), subject to the conditions as laid
down under Section 438(2) of the Code of Criminal Procedure
read with corresponding Section 482(2) of BNSS as well as
subject to the following conditions:-
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will be liable to be cancelled by the Court concerned.
(iv) The trial court 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 trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
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7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
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