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Patna High Court

Mithun Chaudhary @ Mithun KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to a bail bond, sureties and conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Mithun Chaudhary, sought anticipatory bail fearing arrest in a case registered under Sections 317(5), 303(2), 317(2) and 3(5) of the B.N.S., 2023. He claimed he was falsely implicated, stating that the informant’s cultivator was stolen and three accused, after being caught, named him, though he was not present at the scene. The petitioner assured the court he would not abscond and would cooperate with the investigation. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the submissions, ordered that the petitioner be released on anticipatory bail if arrested or surrendered within six weeks, upon furnishing a bail bond of Rs.25,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S. The order was pronounced by Justice Satyavrat Verma.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances alleged.
  • Whether the allegations of false implication merit the grant of bail.
  • Whether the conditions imposed under Section 482(2) are sufficient to safeguard the investigation.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • Section 482
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86132 of 2025
                     Arising Out of PS. Case No.-220 Year-2025 Thana- GORADIH District- Bhagalpur
                 ======================================================
                 Mithun Chaudhary @ Mithun Kumar S/o Ganauri Chaudhary R/o village -
                 Bade Hasanpur (Saidpur), P.S - Jagdishpur, District - Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Swapnil Kumar Singh
                 For the Opposite Party/s :       Mr. Arun Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-01-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 317(5),

                   303(2), 317(2) and 3(5) of the B.N.S., 2023.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and the informant alleges

                   that his cultivator was stolen by unknown accused but three

                   accused were caught by villagers, who disclosed the name of

                   petitioner who fled.

                                4. Learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the instant case by the

                   informant. It is next submitted that petitioner was not arrested

                   from the place of occurrence nor was apprehended by the
             Patna High Court CR. MISC. No.86132 of 2025(2) dt.19-01-2026
                                                         2/2




                       villager and his name transpired in the confessional statement of

                       apprehended accused by the villagers. It is further submitted that

                       petitioner will not abscond rather will cooperate in the

                       investigation to prove his innocence.

                                    5. Learned A.P.P. for the State opposes the prayer for

                       anticipatory bail of the petitioner.

                                    6. Considering the submissions made by the learned

                       counsel for the petitioner, the petitioner above-named, in the

                       event of his arrest or surrender before the learned Court below

                       within a period of six weeks from today, be released on

                       anticipatory bail on furnishing bail bonds of Rs.25,000/-

                       (Rupees Twenty Five Thousand) 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 Goradih

                       P.S. Case No.220/2025, subject to the conditions as laid down

                       under Section 482(2) B.N.S.S.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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