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Patna High Court

Mithlesh Yadav @ Mithlesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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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