Patna High Court
Mithlesh Yadav @ Mithlesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, directing release upon furnishing a bail bond with sureties.
Summary
Mithlesh Yadav was arrested in connection with a panchayat where he and others allegedly assaulted an informant and his son with a spade and lathi, leading to charges under multiple sections of the BNS. The petitioner claimed innocence, arguing that the allegations were vague, the injuries were simple, and his continued detention since 18‑08‑2025 was unjustified. The trial court had denied bail on the ground of alleged concealment of antecedents. The State opposed the bail application. The High Court, after considering the facts, found the allegations insufficiently serious to deny bail and ordered the petitioner released on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- What is the appropriateness of granting regular bail to the petitioner given the nature of the allegations and the injuries sustained?
Legislation cited
- BNS — s. 109, 115(2), 118(1), 126(2), 303(2), 318(4), 319(2), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- weapon
- simple injury
- concealment of antecedents
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78516 of 2025
Arising Out of PS. Case No.-214 Year-2025 Thana- SHEKHPURA District- Sheikhpura
======================================================
Mithlesh Yadav @ Mithlesh Kumar S/o- Krishna Yadav R/v- Barui Ps-
Sheikhpura Dist- Sheikhpura
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Pappu Yadav S/o- Anik Yadav R/v- Barui Ps- Sheikhpura Dist- Sheikhpura
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dinkar Kumar, Advocate
For the Opposite Party/s : Mr. Arun Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 126 (2),
115 (2), 118 (1), 109, 303 (2), 319 (2), 318 (4), 352, 351 (2) and
3(5) of the BNS.
3. The case of the prosecution is that a ‘panchyati’
was going on. It is alleged that in the meantime, the petitioner
along with others started abusing the informant and were
allegedly armed with weapon. When the informant objected to
the same, it is alleged that co-accused persons, namely, Sunil
Yadave, Akhilesh Yadav and Kamlesh Yadav assaulted on the
head of the informant with ‘spade’ due to which he received
Patna High Court CR. MISC. No.78516 of 2025(3) dt.19-01-2026
2/3
head injury. It is further alleged that when the son of the
informant, namely, Pintu Kumar came to rescue, he was
assaulted by Mithlesh Yadav, Karu Yadav, Dilip Yadav and Yogi
Yadav by means of ‘lathi’.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
connection with the present case. It is further submitted that a
bare perusal of the order passed by the trial Court while
considering the bail application of co-accused persons namely,
Dilip Yadav and Yogi Yadav @ Yogendra Yadav, clearly reveals
that the learned trial Court has held that the nature of allegation
against the petitioner is general and omnibus and that the victim
had received only simple injuries. It is further submitted that the
bail of this petitioner was rejected by the learned trial Court
solely on the ground of alleged concealment of antecedents.
Moreover, the petitioner is languishing in judicial custody since
18.08.2025.
5. Learned APP appearing for the state has opposed
the prayer of regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
Patna High Court CR. MISC. No.78516 of 2025(3) dt.19-01-2026
3/3
bail in connection with Sheikhpura P.S. Case No. 214 of 2025
on furnishing bail bond of Rs.10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Sheikhpura/concerned Court.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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