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2025 DAILYLAW 56306 (PAT)

Mithilesh Sharma @ Mithilesh Kumar v. The State of Bihar

CR. MISC./44658/2025 · 2025-07-16

Rajiv Roy

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44658 of 2025 Arising Out of PS. Case No.-80 Year-2025 Thana- PARASBIGHA District- Jehanabad ====================================================== 1. Mithilesh Sharma @ Mithilesh Kumar S/o Late Devkrishna Sharma R/o vill - Chainpura, P.S. - Parasbigha, Distt.- Jehanabad 2. Prince Kumar S/o Sanjay Sharma R/o vill - Chainpura, P.S. - Parasbigha, Distt.- Jehanabad ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sudhir Kumar, Adv. For the Opposite Party/s : Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 16-07-2025 Heard the parties. 2. The petitioners apprehend their arrest in connection with Parasbigha P.S. Case No. 80 of 2025 for the offence registered under sections 191(2), 190, 126(2), 115(2), 109, 303(2), 352 of BNS, 2023 lodged on 17.04.2025 by the informant, Sunil Sharma. 3. As per the prosecution story, the informant alleged that while sitting at home, the petitioners came, armed variously and after abuse, assaulted. Allegation against petitioners is/are of assaulting Sunil Sharma and Amrish Kumar. They also snatched the gold ear-ring from the informant’s wife. This led to the FIR. Patna High Court CR. MISC. No.44658 of 2025(2) dt.16-07-2025 2/2 4. Learned counsel for the petitioner submits that there is case and counter case, both sides have suffered and they have no criminal antecedent. 5. Learned APP, Mr. Bharat Bhushan on the other hand opposes the prayer submitting that a perusal of the learned Sessions Judge order would show that the assault made by the petitioners are on the head of the Sunil Sharma and Amrish Kumar and further the injury of Amrish Kumar has been found to be grievous in nature. 6. Considering the allegations that has come, both the sufferers have head injuries, in that background, this Court is not inclined to extend the privilege of anticipatory bail to the petitioners. 7. It is accordingly, rejected. Vijay Singh/- (Rajiv Roy, J) U T