Patna High Court
Mithilesh Kumar @ Mithlesh SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to conditions, under Section 438(2) CrPC and Section 482 BNSS.
Summary
The petitioner, Mithilesh Kumar, sought anticipatory bail fearing arrest in a case (Maker P.S. Case No. 206 of 2025) involving alleged offences under Sections 115(2), 109, 126(2), 303(2), 352, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner assaulted the victim, while the petitioner claimed innocence and alleged that the case was fabricated due to a personal vendetta concerning his wife. The State opposed the bail application. The Court examined the allegations, the petitioner’s clean antecedent, and the statutory provisions governing anticipatory bail. It held that the petitioner was entitled to anticipatory bail, subject to conditions, and ordered his release on bail upon furnishing a bond and sureties. The order was made under Section 438(2) of the CrPC and Section 482 of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Code of Criminal Procedure, 1973 and Section 482 of the Bhartiya Nyaya Sanhita, 2023 in view of the alleged offences.
- Whether the seriousness of the alleged offences and the prosecution’s case warrant denial of anticipatory bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- assault
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88423 of 2025
Arising Out of PS. Case No.-206 Year-2025 Thana- MAKER District- Saran
======================================================
Mithilesh Kumar @ Mithlesh Singh Son of Late Birbal Singh Permanent
address R/o Fulwariya, P.S.- Maker, Dist.- Saran, Bihar - 841460 and Present
Address B-65, Jay Bihar, Phase-3, Ambedkar Place, Baprola, Nangloi, West
Delhi, Pin-110041
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajni Kant, Advocate
For the Opposite Party/s : Mr.Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Maker P.S. Case No. 206 of 2025 registered for the offence
under Sections 115(2), 109, 126(2), 303(2), 352, 351(2), 3(5) of
the Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, petitioner is said to
have assaulted the victim.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and he has falsely been
implicated in this case. It is further submitted that the other side
had an evil eye on the wife of the petitioner and therefore, this
occurrence took place and petitioners and others have been
Patna High Court CR. MISC. No.88423 of 2025(2) dt.15-01-2026
2/2
injured. Petitioner has clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the aforesaid facts, this application is
allowed.
7. Let the petitioner, above named, in the event of his
arrest or surrender before the concerned Court below within four
weeks from today, be released on bail on furnishing bail bond of
Rs. 10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Judicial
Magistrate Ist Class, Saran at Chapra/ concerned Court below in
connection with Maker P.S. Case No. 206 of 2025, subject to the
conditions laid down in Section 438(2) of the Code of Criminal
Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
Checking your session…