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Patna High Court

Mithlesh Yadav @ Mithlesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            3/4




          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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