Patna High Court
Mithlesh Ram @ Mitlesh Kumar @ Mithlesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court grants anticipatory bail to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioners, a group of villagers, were implicated in a FIR alleging multiple assaults and related offences under several sections of the Bharatiya Nyaya Sanhita, arising from a land‑related dispute. They contended that the allegations were false, that the injuries were minor, and that the female co‑accused were named only to pressure the men. The State opposed the grant of anticipatory bail. The court examined the nature of the allegations, the seriousness of the offences, and the petitioners' antecedents, and concluded that the case did not warrant denial of bail. Accordingly, the court ordered that, upon arrest or surrender within six weeks, each petitioner be released on anticipatory bail upon furnishing a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS. The order was pronounced by Justice Satyavrat Verma.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 482(2) of the Bharatiya Nyaya Sanhita despite the serious nature of the offences alleged.
- Whether the alleged injuries and the alleged false implication negate the necessity for pre‑emptive detention.
- Whether the petitioners' prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 482(2), 76
Subjects
- anticipatory bail
- criminal procedure
- Section 482
- Bharatiya Nyaya Sanhita
- assault
- land dispute
- false implication
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64264 of 2025
Arising Out of PS. Case No.-297 Year-2024 Thana- DUMARIAGHAT District- East
Champaran
======================================================
1. Mithlesh Ram @ Mitlesh Kumar @ Mithlesh Kumar S/O Suresh Ram
Resident of Village - Sareya Baduraha, P.S. - Dumariyaghat, District - East
Champaran
2. Suman Devi W/O Suresh Ram Resident of Village - Sareya Baduraha, P.S. -
Dumariyaghat, District - East Champaran
3. Binod Ram @ Vinod Ram S/O Ramayan Ram Resident of Village - Sareya
Baduraha, P.S. - Dumariyaghat, District - East Champaran
4. Kishori Ram @ Kishor Ram S/O Late Bir Bahadur Ram @ Late Bahadur
Ram Resident of Village - Sareya Baduraha, P.S. - Dumariyaghat, District -
East Champaran
5. Deepak Ram S/O Gurdel Ram @ Gurdeli Ram Resident of Village - Sareya
Baduraha, P.S. - Dumariyaghat, District - East Champaran
6. Roma Devi @ Rima Kumari W/O Vishwakarma Ram Resident of Village -
Sareya Baduraha, P.S. - Dumariyaghat, District - East Champaran
7. Poonam Devi W/O Kishori Ram @ Kishor Ram Resident of Village - Sareya
Baduraha, P.S. - Dumariyaghat, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhurendra Kumar
For the Opposite Party/s : Mr.Tapeshwar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 23-03-2026 1. Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2), 115(2),
118(1), 117(2), 109, 76, 303(2), 352, 351(2) and 3(5) of the Bharatiya
Nyaya Sanhita.
Patna High Court CR. MISC. No.64264 of 2025(4) dt.23-03-2026
2/3
3. Learned counsel for the petitioners submits that
petitioner nos. 1 and 3 have antecedent of one case, petitioner no. 4
has antecedent of two cases and rest of the petitioners are persons
with clean antecedent and petitioner nos. 2, 6 and 7 are women and
the informant alleges that his brother Sandip was going to meet
Sushil who was elected in PACS election and when he reached near
the house of accused persons, Suresh gave order to kill, on which
Aman assaulted his brother by lath, on alarm, informant along with
his family members reached the place of occurrence, when Suresh
gave orders to kill, accordingly Mukesh assaulted him by Dab
causing injury on head, thereafter Mithlesh assaulted him by farsa
causing injury on head, further Suman assaulted his wife Nikku by
Gadasa causing injury on head, thereafter Sita and Suresh assaulted
his wife by leg and fist, further Vinod assaulted Uma by fasli causing
injury on head, thereafter Kishori Ram assaulted Govind by farsa
causing injury on left hand’s finger, thereafter Deepak assaulted
Nibha by rod causing fracture of thumb of right hand and female
accused snatched chain earrings etc. and Roma and Poonam
assaulted Bibha Devi.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the allegations as
alleged in the FIR, it would manifest that though specific allegation
of assault is alleged, but then the blow is not alleged to have been
Patna High Court CR. MISC. No.64264 of 2025(4) dt.23-03-2026
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repeated. It is further submitted that female members have been
implicated only to coerce male members into submission. It is also
submitted that on account of dispute relating to land, an altercation
had taken place in which both sides assaulted each other. It is next
submitted that even injuries suffered by the injured have been opined
to be simple in nature.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner, but then after perusing the case
diary, submits that the injury suffered by the injured has been opined
to be simple in nature.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the event
of their arrest or surrender within a period of six weeks from today,
be released on anticipatory bail on furnishing bail bonds of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned trial court where the
case is pending/successor court in connection with Dumariyaghat
P.S. Case No. 297 of 2024, subject to the conditions as laid down
under Section 482 (2) of the BNSS.
(Satyavrat Verma, J)
Sumit/-
U T
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