Dismissed

Mithilesh Kumar @ Mithilesh Kumar Singh @ Mithilesh Singh v. the State of Bihar

Patna HC17 Aug 2020CR. MISC./16886/2020

Case brief

AI extract

What is this about?

The High Court of Patna rejected an application for anticipatory bail. While noting the petitioner's claim of false implication due to a land dispute, the court held that injuries of both simple and grievous nature were caused by blunt instruments, leading to the dismissal of the prayer without prejudice to a future bail plea before the lower court.17

What did the court decide?

Anticipatory bail was rejected; applicant directed to surrender and apply for bail before the lower court.

Mithilesh Kumar @ Mithilesh Kumar Singh @ Mithilesh Singh Vs… — Bail and Remand | Patna HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16886 of 2020

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Arising Out of PS. Case No.-87 Year-2019 Thana- RUPAULI District- Purnia

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======================================================

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MITHILESH KUMAR @ MITHILESH KUMAR SINGH @ MITHILESH SINGH S/o Late Chakradhar Singh @ Chakradhar Prasad Singh, Resident of Village- Rupauli, P.S.- Bhawanipur, Distt- Purnea.

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sudhir Kumar Thakur, Adv. For the Opposite Party/s : Mr.Umesh Lal Verma, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN

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ORAL ORDER

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2 17-08-2020

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Heard learned counsel for the petitioner and learned APP for the State through virtual court proceeding.

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The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 307, 379, 504 and 506/34 of the Indian Penal Code.

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Prosecution case in brief is that on 29.07.2019 at about 3 pm nephew of the informant namely Rajeev Kumar Singh and informant were ploughing the ancestral land from tractor then accused persons named in the FIR armed with lathidands and iron rod came in the filed and started abusing the informant and his nephew. Accused persons brutally assaulted with lathi and iron rod. Mithilesh Kumar assaulted with iron rod on the had of the informant. Informant sustained head injury. Blood started oozing from his head, nephew of the informant

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Patna High Court CR. MISC. No.16886 of 2020(2) dt.17-08-2020 2/3

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Rajeev Kumar Singh came to save the informant then accused persons also assaulted with lathi and iron rod. Rajeev Kumar Singh also sustained head injury and blood also started oozing. Accused persons also snatched Rs. 20,000/- from the pocket of the informant and they also threatened to kill the informant.

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Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case due to land dispute. There is a case and counter case between the parties. The petitioner who has also lodged an FIR being Rupauli P.S. Case No. 88 of 2019 and the petitioner has got clean antecedent. The injury report shows that all the injuries are simple in nature.

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Learned APP for the State opposes the prayer for bail of the petitioner and submits that injury 1 and 2 are simple in nature and another injury is grievous in nature and all are caused by hard and blunt substance.

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In the aforesaid facts and circumstances, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected in connection with Rupauli P.S. Case No. 87 of 2019 pending in the Court of learned Chief Judicial Magistrate, Purnea.

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Accordingly, the application is dismissed.

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Patna High Court CR. MISC. No.16886 of 2020(2) dt.17-08-2020 3/3

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However, petitioner is directed to surrender before the learned court below and make prayer for bail, the learned court below shall dispose of the bail petition on the same day without being prejudiced by this order.

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(Anjani Kumar Sharan, J)

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amitkumar/-

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U T

Mithilesh Kumar @ Mithilesh Kumar Singh @ Mithilesh Singh v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Mithilesh Kumar @ Mithilesh Kumar Singh @ Mithilesh Singh v. the State of Bihar

Case brief

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What did the court decide?

What the court decided

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