IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.47683 of 2025 Arising Out of PS. Case No.-130 Year-2024 Thana- BIRAUL District- Darbhanga ====================================================== Aditya Kumar Mishra S/O Manikant Mishra @ Kunwar Mitra Permanent Resident of Village- Hati, P.S.- Biraul, Dist- Darbhanga. At present resident -289, Nagla Battu, sakart, P.S.- Civil Line, Dist- Meerut, State- U.P. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sameer Ranjan, Advocate For the Opposite Party/s : Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 2 29-08-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner is apprehending his arrest in connection with Biraul P.S Case No. 130 of 2025 dated 27.03.2024 registered for the offence punishable u/s 147, 148, 149, 120(B), 186, 188, 341, 342, 323, 324, 325, 332, 333, 353, 307, 337, 354(B), 504 and 506 of the Indian Penal Code. 3. As per prosecution case, the informant got information that a motorcycle was coming rashly and negligently from Kusheshwar Asthan side and dashed with tempo. On the same time a police van was coming from opposite side due to which one person came under the van and died on the spot. The petitioner and the co-accused persons are alleged to have instigated the 100-200 persons to enter the Patna High Court CR. MISC. No.47683 of 2025(2) dt.29-08-2025 2/3 police station premises with intent to commit incident and about 50 people were entered the police station premises and throw the chairs and government documents outside the police station and some people were holding inflammable substance in their hands and sound was coming from the crowd to burn the police station. The petitioner and co-accused persons were identified through video footage with the help of Mahal Chaukidar. The petitioner is alleged to have abused, attacked upon the police party and also assaulted them with lathi, danda causing hindrance in discharging duties of public servant 4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that no overt act against the petitioner. The petitioner had no knowledge about the case as well as name of the petitioner is not mentioned in the written report only son of Kunwar Mitra is mentioned in the accused name column at serial no. 14. It is further submitted that no incriminating material has been recovered from the possession of the petitioner. It is next submitted that petitioner has been made accused in this case due to being member of mob identified by the mahal chowkidar, local representatives and police in mobile video footage. The petitioner has no criminal antecedent as Patna High Court CR. MISC. No.47683 of 2025(2) dt.29-08-2025 3/3 stated in para 3 of the bail petition. Similarly situated other co- accused has been granted anticipatory bail by this Court vide order dated 20.09.2024 passed in Cr. Misc. No. 52325 of 2024. 5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. 6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Darbhanga in connection with Biraul P.S. Case No. 130 of 2025, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure. 7. The application stands allowed. Raj Ranjan/- (Chandra Prakash Singh, J) U T