Patna High Court
Mithlesh Yadav @ Mithlesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that anticipatory bail may be granted despite a criminal antecedent, subject to stringent conditions.
Summary
Mithlesh Yadav was named in FIR No. 575 of 2025 for alleged assault with an iron rod and theft of jewelry, invoking several offences under the Bhartiya Nyay Sanhita, 2023. He applied for anticipatory bail, arguing that the FIR contains only vague, omnibus allegations against him and that he is innocent. The prosecution opposed, citing his involvement in the assault and a prior criminal antecedent. The court noted that while three co‑accused had been granted anticipatory bail, the petitioner was initially denied bail solely on the basis of his antecedent. Applying Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, the court granted anticipatory bail with a Rs.10,000 bond, two sureties, and strict conditions regarding cooperation, presence, and non‑tampering with evidence, while allowing verification of his antecedent.
Issues considered
- Whether anticipatory bail can be granted to an accused who has a prior criminal antecedent.
- Whether the allegations in the FIR are sufficiently specific to deny bail.
- Applicability of Section 438(2) CrPC and Section 482(2) Bhartiya Nagarik Suraksha Sanhita in granting bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 190, 191(2), 303(2), 351(2), 352
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- criminal antecedent
- assault
- theft
- Bhartiya Nyay Sanhita
- Section 438 CrPC
- Section 482 BNSS
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88951 of 2025
Arising Out of PS. Case No.-575 Year-2025 Thana- BIKRAMGANJ District- Rohtas
======================================================
Mithlesh Yadav @ Mithlesh Kumar Son of Sanjay Yadav Resident of Village
- Marauna, P.S.- Bikramganj, District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nagendra Upadhyay, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-01-2026 Heard Mr. Nagendra Upadhyay, learned counsel for
the petitioner and Ms. Pushpa Sinha.1, learned Additional
Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Bikramganj P.S. Case No. 575 of 2025, F.I.R.
dated 22.08.2025 for the offences punishable under Sections
191(2), 190, 117(2), 303(2), 126(2), 115(2), 109, 352, 351(2) of
the Bhartiya Nyay Sanhita, 2023.
3. As per the First Information Report, the informant
alleged that when he alongwith her sister were going to her
village by motorcycle, in the meantime, the petitioner along
with other co-accused person stopped them and assaulted them
by means of iron rod and snatched mangalsutra and jitiya from
the neck of her sister.
Patna High Court CR. MISC. No.88951 of 2025(2) dt.12-01-2026
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4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. Although the petitioner is named in the FIR but
from bare perusal of the FIR it appears that there no is specific
allegation of assault or overt act against the petitioner rather the
allegation levelled against him is general and omnibus in nature.
Although sister of the informant received injury but her injury is
not on vital part of the body and apart from that other three
accused persons were granted anticipatory bail from the learned
court below but the petitioner was denied the same on the
ground that he has one criminal antecedent.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner is named in the FIR and he alongwith
other accused persons assaulted the sister of the informant and
apart from that the petitioner carries one criminal antecedent
other than the present one but fairly submits on the basis of
paragraph-3 of the bail application that the petitioner is on bail
in the said matter.
6. Considering the aforesaid facts and circumstances,
other three accused persons were granted anticipatory bail from
the learned court below but the petitioner was denied the same
Patna High Court CR. MISC. No.88951 of 2025(2) dt.12-01-2026
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on the ground that he has one criminal antecedent, let the
petitioner, above named, in the event of arrest or surrender
before the court below within a period of thirty days from the
date of receipt of the order, 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 Additional
Chief Judicial Magistrate-I, Bikramganj, Rohtas in connection
with Bikramganj P.S. Case No. 575 of 2025, subject to the
conditions as laid down under Section 438(2) of the Code of
Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
Patna High Court CR. MISC. No.88951 of 2025(2) dt.12-01-2026
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criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bond in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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