Partly allowed

Mithlesh Singh v. the State of Bihar

Patna HC12 Jul 2022CR. MISC./31035/2021

Case brief

AI extract

What is this about?

High Court allowed pre-arrest bail for six petitioners charged with theft and attempted murder. The court granted release on surrender within six weeks upon furnishing a bail bond of Rs. 10,000 with sureties under Section 438(2) CrPC.

What did the court decide?

Released on bail on surrender within six weeks upon furnishing Rs. 10,000 bond with two sureties; relief to petitioner no. 1 dismissed as withdrawn.

Mithlesh Singh Vs the State of Bihar — Quashing and FIR | Patna HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.31035 of 2021

¶2

Arising Out of PS. Case No.-462 Year-2020 Thana- GAYA MUFASIL District- Gaya

¶3

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

¶4

Mithlesh Singh S/O Late Bahadur Singhh R/O Village-Baradih, P.SMuffasil, District-Gaya.

¶5

Gaurav Kumar S/O Mithlesh Singh R/O Village-Baradih, P.S-Muffasil, District-Gaya.

¶6

Satyendra Singh S/O Late Ganga Singh R/O Village-Amrit Bigha (RASHALPUR), P.S-Muffasil, District-Gaya.

¶7

Kundan Kumar S/O Satyendra Singh R/O Village-Amrit Bigha (RASHALPUR), P.S-Muffasil, District-Gaya.

¶8

Nawneet Kumar S/O Satyendra Singh R/O Village-Amrit Bigha (RASHALPUR), P.S-Muffasil, District-Gaya.

¶9

Anand Kumar S/O Satyendra Singh R/O Village-Amrit Bigha (RASHALPUR), P.S-Muffasil, District-Gaya.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

¶14

====================================================== Appearance : For the Petitioner/s : Mr.Ravindra Kumar Sinha For the Opposite Party/s : Mr.A.G.

¶15

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

¶16

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

¶17

6 12-07-2022 Petition for pre-arrest bail of petitioner no.1 is

¶18

dismissed as withdrawn.

¶19

Heard learned counsel for the petitioners and the

¶20

State.

¶21

Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 379/307 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.

¶22

Prosecution's case is that all the FIR named accused

¶23

Patna High Court CR. MISC. No.31035 of 2021(6) dt.12-07-2022 2/3

¶24

persons including 10 to 12 unknown persons came to the house of the informant and destroyed her vehicle. They took away her golden chain and petitioner no.6 opened fire but the same did not hit anyone.

¶25

Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. Altercation took place due to land dispute. There is general and omnibus allegation against the accused persons and no specific overt act has been alleged against the petitioners. Wife of petitioner no.3 has filed Mufasil Police Station Case No. 463 of 2020 against the informant side due to which this false case has been lodged.

¶26

Learned counsel appearing for the State as well as the informant oppose the prayer for bail.

¶27

Considering the nature of allegation against the petitioners and the fact that no one sustained injury in the alleged incident, in the event of arrest/surrender within six weeks from today, let the petitioners, named above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in Mufassil Police Station Case No. 462 of 2020, subject to the conditions laid down under

¶28

Patna High Court CR. MISC. No.31035 of 2021(6) dt.12-07-2022 3/3

¶29

sections 438(2) of the Code of Criminal Procedure.

¶30

(Prabhat Kumar Singh, J)

¶31

shashi/-

¶32

U T

Mithlesh Singh v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Mithlesh Singh v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rajiv Kumar Vs the State of Bihar

Jayant Singh Vs the State of Bihar

Hare Ram Pandey Vs The State of Bihar

Sanni Jha Vs The State of Bihar

Pradeep Kumar @ Pradip Kumar Vs The State of Bihar

Pankaj Kumar Vs The State of Bihar