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2026 Supreme(Online)(Pat) 4101

PATNA HIGH COURT
PURNENDU SINGH, J
Mithilesh Kumar @ Mithilesh Singh – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.89287 of 2025



Advocates:
For the Appellants/Petitioners: Mr.Babu Nandan Prasad
For the Respondents: Mr.Ganesh Prasad Singh

The court determined that the petitioner established grounds for pre-arrest bail amidst allegations of assault.

Headnote:The petitioner seeks pre-arrest bail under Sections 109, 191(2), 191(3), 126(2), 115(2), 351, 352 of the BNS related to alleged assault. The petitioner argues his innocence, claiming a false FIR linked to prior reconciliations. The court found sufficient grounds for bail, subject to conditions.

Result: Petitioner granted pre-arrest bail.

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 28-01-2026 Heard Mr. Babu Nandan Prasad, learned counsel appearing on behalf of the petitioner and Mr. Ganesh Prasad Singh, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Karakat P.S. Case No. 207 of 2025 registered for the offence(s) punishable under Sections 109, 191(2),191(3),126(2),115(2),109,351,352 of the BNS . 3. As per the allegation made in the FIR, allegedly the petitioner along with other co-accused assaulted the father and other family members of the informant.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. It is the case of the petitioner that to give colour of communal nature, a false FIR has been lodged after the parties have settled their dispute on the previous day, while the occurrence has taken place on 13.04.2025. There is general and omnibus allegation against the petitioner and specific allegation of assaulting the father of the informant on his head by means of brick is against co-accused Haribhushan Kumar. There is case and counter case between the parties.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Having considered the rival submissions made on behalf of the parties, as well, having perused the allegation made in the FIR and also the fact that there is general and omnibus allegation against the petitioner, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judaical Magistrate, 1st Bikaramganj, Rohtas / Concerned Court in connection with Karakat P.S. Case No. 207 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS.

8. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J)

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