Mithlesh Preasad @ Mithlesh Kumar Jaiswal v. The State of Bihar
CR. MISC./51198/2026 · 2026-07-29
Harish Kumar
Public Interest Litigationbody2026
DailyLaw.ai
[ 2026 DAILYLAW 28148 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 28148 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51198 of 2026 Arising Out of PS. Case No.-78 Year-2026 Thana- Pachpakdi District- East Champaran ======================================================
1. Mithlesh Preasad @ Mithlesh Kumar Jaiswal S/O Mahesh Prasad Jaiswal @ Mahesh Prasad R/O Village- Bhandar, P.S- Dhaka, Dist.- East Champaran. 2. Dhirendra Dubey S/O Hari Narayan Dubey @ Harishankar Dubey R/O Village- Bhandar, P.S- Dhaka, Dist.- East Champaran. 3. Ramsevek Pandit S/O Suresh Pandit R/O Village- Bhandar, P.S- Dhaka, Dist.- East Champaran. 4. Mohan Sah S/O Ramekbal Sah R/O Village- Bhandar, P.S- Dhaka, Dist.- East Champaran. 5. Dilip Patwa S/O Vindeshwari Patwa R/O Village- Bhandar, P.S- Dhaka, Dist.- East Champaran. 6. Ashok Paswan S/O Ramdhani Paswan @ Saheb Paswan R/O Village- Bhandar, P.S- Dhaka, Dist.- East Champaran. 7. Arvind Paswan S/O Kapil Dev Paswan R/O Village- Bhandar, P.S- Dhaka, Dist.- East Champaran. 8. Vinod Paswan S/O Badri Paswan R/O Village- Bhandar, P.S- Dhaka, Dist.- East Champaran. 9. Vikas Kumar S/O Harishchandra Prasad R/O Village- Bhandar, P.S- Dhaka, Dist.- East Champaran. 10. Rajesh Sah S/O Harihar Sah R/O Village- Bhandar, P.S- Dhaka, Dist.- East Champaran. 11. Ram Lakhan Kumar S/O Bhagwan Lal Sah R/O Village- Bhandar, P.S- Dhaka, Dist.- East Champaran. 12. Jaggu Sah @ Rajesh Kumar S/O Radha Sah R/O Village- Bhandar, P.S- Dhaka, Dist.- East Champaran. 13. Mishri Lal Kumar S/O Ramekbal Sah R/O Village- Bhandar, P.S- Dhaka, Dist.- East Champaran. 14. Anil Sah S/O Upendra Sah R/O Village- Bhandar, P.S- Dhaka, Dist.- East Champaran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Amit Kumar For the Opposite Party/s : Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 29-07-2026 Heard learned Advocate for the petitioners and
Patna High Court CR. MISC. No.51198 of 2026(2) dt.29-07-2026 2/3 learned Additional Public Prosecutor for the State. 2. At the outset, learned Advocate for the petitioners seeks permission to make necessary correction in the cause title of petitioners no. 1, 2 and 3. Let the same be done during the course of the day. 3. The petitioners are apprehending their arrest in connection with Pachpakri P.S. Case No. 78 of 2026, registered for the offences punishable under Sections 191(2)(3), 190, 192, 194(2), 196(2), 132, 126(2), 115(2), 118(1), 117(2), 109(1), 324(3)(5)(6), 223(B), 79, 352, 351(2), 61(2) of the BNS and 3& 4 of the Damage of Public Property Act. 4.
The allegation against the petitioners is of participation in the vandalizing the house and shop, besides causing damage to vehicles and injury to some of the persons leading to an escalation of tension between two communities. 5.Learned Advocate for the petitioners submitted that total 183 persons have been named in the FIR, including these 14 petitioners, with omnibus nature of allegation. The other co- accused persons, who are facing identical allegation have been allowed the privilege of anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. NO. 46640 of 2026 vide order dated 22.07.2026, copy of which is placed on record. The petitioners
Patna High Court CR. MISC. No.51198 of 2026(2) dt.29-07-2026 3/3 undertake that they will fully cooperate in the proceeding of the court. 6. On the other hand, learned Advocate for the State vehemently opposed the bail application. 7. Having considered the omnibus nature of allegation and the fact that the case of the petitioner is based on parity with those who have been extended the privilege of anticipatory bail by the co-ordinate Bench of this Court as referred hereinabove, let the petitioners abovenamed be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, East Champaran (Motihari)/concerned court in connection with Pachpakri P.S. Case No. 78 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioners. Anjani/- (Harish Kumar, J) U T