Allowed¶18

Mithlesh Kumar v. The State of Bihar

Patna HC25 Apr 2024CR. MISC./22610/2024

Case brief

AI extract

What is this about?

Anticipatory bail; Section 438(2) Cr.P.C.; Sections 341, 323, 324, 307, 427, 379, 504, 506 and 34 IPC (including Section 34 common intention); false implication by attributing assault 'on his order' to other accused; clean antecedent; bail bond Rs. 10,000 with two sureties; surrender within six weeks; Bidupur P.S. Case No. 455/2023; Vaishali; Bihar; Patna High Court; single judge (Satyavrat Verma, J); A.P.P. opposition rejected.

What did the court decide?

Anticipatory bail - release on arrest or surrender within six weeks on a bail bond of Rs. 10,000 with two sureties of the like amount each, subject to the conditions under Section 438(2) Cr.P.C., in connection with Bidupur P.S. Case No. 455/2023. ¶18

Mithlesh Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22610 of 2024

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Arising Out of PS. Case No.-455 Year-2023 Thana- BIDUPUR District- Vaishali

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

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Mithlesh Kumar Son Of Kishandev Rai R/O-Nawanagar, P.S.-BIDUPUR, Distt.-VAISHALI (BIHAR)

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Subodh Kumar For the Opposite Party/s : Mr. Ram Sumiran Rai ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 25-04-2024

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 341, 323, 324, 307, 427, 379, 504, 506 and 34 of the Indian Penal Code.

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Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant with an allegation that on his order, Rakesh Rai and Vikash Kumar assaulted the informant and Mukesh Rai assaulted his wife. It is thus submitted that the allegation of assault is against other accused persons. It is further submitted that it is very easy to implicate someone by alleging that on his order, the occurrence was committed. It is further submitted that whether the accused

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Patna High Court CR. MISC. No.22610 of 2024(2) dt.25-04-2024 2/2

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who assaulted would have jumped from 10^th floor if the petitioner had given them order to jump, the answer would be no but then when it comes to implicating a person falsely in a criminal case, when he is not alleged to have committed any occurrence, in that event, it is alleged that on his order the occurrence was committed.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bidupur P.S. Case No.455/2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

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(Satyavrat Verma, J)

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amit/-

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U T

Mithlesh Kumar v. The State of Bihar

Case brief

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Mithlesh Kumar v. The State of Bihar

Case brief

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