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2025 DAILYLAW 13360 (PAT)

Mithilesh Rai @ Mithlesh Ram v. The State of Bihar

CR. MISC./6293/2025 · 2025-05-09

Alok Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6293 of 2025 Arising Out of PS. Case No.-482 Year-2024 Thana- BIDUPUR District- Vaishali ====================================================== 1. Mithilesh Rai @ Mithlesh Ram Son of Ram Padarath Ram Resident of Village- Bishnupur Saidali, P.S.- Bidupur, District- Vaishali. 2. Bhola Rai @ Bhola Ram@ Bhupendra Rai Son of Mithilesh Rai @ Mithlesh Ram Resident of Village- Bishnupur Saidali, P.S.- Bidupur, District- Vaishali. 3. Karu Rai @ Karu Ram @ Balindra Rai Son of Mithilesh Rai @ Mithlesh Ram Resident of Village- Bishnupur Saidali, P.S.- Bidupur, District- Vaishali. 4. Rajiv Ranjan Kumar @ Rajiv Ranjan Son of Mithilesh Rai @ Mithlesh Ram Resident of Village- Bishnupur Saidali, P.S.- Bidupur, District- Vaishali. 5. Rajesh Rai @ Rajesh Ram Son of Ram Dayal Ram Resident of Village- Bishnupur Saidali, P.S.- Bidupur, District- Vaishali. 6. Pujan Rai Son of Upendra Ram Resident of Village- Bishnupur Saidali, P.S.- Bidupur, District- Vaishali. 7. Shibu Rai @ Shibu Ram Son of Deen Dayal Ram Resident of Village- Bishnupur Saidali, P.S.- Bidupur, District- Vaishali. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anirudh Kumar Sinha, Adv For the Opposite Party/s : Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 4 09-05-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners apprehend their arrest in connection with Bidupur P.S. Case No. 482 of 2024, registered for the offence punishable under Sections 126(2), 115(2), 109, 118(1), 117(2), 329(3), 76, 352, 351(2), 351(3), 303(2), 3(5) of B.N.S., Patna High Court CR. MISC. No.6293 of 2025(4) dt.09-05-2025 2/3 2023. 3. The case of the prosecution, in short, is that the petitioners and other accused persons attempted to steal ‘parwal’ from agricultural field of the informant. On objection, accused persons abused him and set fire which had failed. In the evening, the petitioners came to the informant’s house, assaulted him and his family members due to which they received injury. They outraged the modesty of his wife, snatched valuable items and looted Rs. 38,000/-. Accused persons threatened them and fled away when people gathered. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. They have falsely been implicated in the present case due to dispute for plucking parwal from the agricultural field of the informant. There is delay of three months in lodging of the FIR for which no explanation has been given. 5. Learned A.P.P. for the State opposes the prayer of anticipatory bail. 6. Considering the general and omnibus nature of the allegation levelled against the petitioners and the fact that the informant has suffered simple injury as communicated by learned APP appearing for the State as also that there is delay of Patna High Court CR. MISC. No.6293 of 2025(4) dt.09-05-2025 3/3 three months in lodging of the FIR for which no explanation has been given, this Court is thus inclined to grant privilege of anticipatory bail to the petitioners. 7. Let the petitioners, named above, in the event of their arrest or surrender before the Court below within four weeks from today, 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 learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Bidupur P.S. Case No. 482 of 2024, subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. kiran/- (Alok Kumar Sinha, J) U T