Patna High Court
Mithilesh Kumar @ Mithilesh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioner is entitled to pre‑arrest bail.
Summary
Mithilesh Kumar was arrested in connection with a case alleging assault on the informant's family under several sections of the BNS. He claimed he was falsely implicated, asserting that the FIR was lodged to give a communal colour after the parties had settled their dispute. The State opposed his request for pre‑arrest bail. The Court examined the FIR, noted the presence of general and omnibus allegations, and concluded that the petitioner had made out a prima facie case for bail. Accordingly, the Court ordered his release on pre‑arrest bail upon furnishing a bond of Rs.10,000 with two sureties, subject to Section 482(2) of the BNSS and verification of his criminal antecedents by the District Court.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite general and omnibus allegations in the FIR
- Whether the prima facie case for bail is established in the absence of specific evidence against the petitioner
- Whether conditions under Section 482(2) of the BNSS are satisfied for granting bail
Legislation cited
Subjects
- pre‑arrest bail
- false FIR
- communal motive
- omnibus allegation
- Section 482
- bail bond
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89287 of 2025
Arising Out of PS. Case No.-207 Year-2025 Thana- KARAKAT District- Rohtas
======================================================
Mithilesh Kumar @ Mithilesh Singh S/o Santosh Singh R/o Village- Sikaria,
P.S- Karakat, Dist- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Babu Nandan Prasad, Advocate
For the Opposite Party/s : Mr.Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 28-01-2026 Heard Mr. Babu Nandan Prasad, learned counsel
appearing on behalf of the petitioner and Mr. Ganesh Prasad
Singh, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Karakat P.S. Case No. 207 of 2025 registered for the
offence(s) punishable under Sections 109,
191(2),191(3),126(2),115(2),109,351,352 of the BNS.
3. As per the allegation made in the FIR, allegedly
the petitioner along with other co-accused assaulted the father
and other family members of the informant.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case. It is the case of the
petitioner that to give colour of communal nature, a false FIR
Patna High Court CR. MISC. No.89287 of 2025(2) dt.28-01-2026
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has been lodged after the parties have settled their dispute on the
previous day, while the occurrence has taken place on
13.04.2025. There is general and omnibus allegation against the
petitioner and specific allegation of assaulting the father of the
informant on his head by means of brick is against co-accused
Haribhushan Kumar. There is case and counter case between the
parties.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on
behalf of the parties, as well, having perused the allegation
made in the FIR and also the fact that there is general and
omnibus allegation against the petitioner, I am of the opinion
that petitioner has, prima facie, made out a case to be released
on pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his arrest or surrender
before the learned District Court within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judaical Magistrate, 1 st
Bikaramganj, Rohtas / Concerned Court in connection with
Patna High Court CR. MISC. No.89287 of 2025(2) dt.28-01-2026
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Karakat P.S. Case No. 207 of 2025, subject to the conditions as
laid down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the
criminal antecedent of the petitioner and if it is found that the
petitioner is involved in some other cases, as what has been
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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