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IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6302 of 2026

Arising Out of PS. Case No.-19 Year-2023 Thana- NIMACHANDPURA District- Begusarai

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Mithun Rai Son of Kapildev Rai Resident of village- Ramanand Nagar, Ps-

Neemachandpura, Dist- Begusarai

... ... Petitioner/s

Versus

The State of Bihar bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s : Mr. S.K. Lal, Sr. Adv.

Mr.Pritish Kumar Lal, Adv.

For the Opposite Party/s : Mr.Bhanu Pratap Singh, APP

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CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY

ORAL ORDER

2 04-02-2026 Heard learned Senior counsel for the petitioner and

learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection

with Nemachandpura P.S. Case No. 19 of 2023 (G.R. No.

422/2023) dated 05.02.2023 registered for the offences

punishable under Sections 147, 149, 323, 504, 302 and 506 of

the Indian Penal Code.

3. The allegation against the petitioner is that he along

with seven other named accused persons assaulted the informant

and his brother. It is further alleged that when the informant’s

father intervened, they all started beating his father, in the

meantime, it is alleged that the co-accused, Hareram Mahto and

Kapildev Rai pressed the testicles of the informant’s father and

Patna High Court CR. MISC. No.6302 of 2026(2) dt.04-02-2026

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subsequently, he died.

4. The learned Senior counsel for the petitioner

submits that petitioner has falsely been implicated in this case

and no such occurrence as alleged has occurred. It has further

been submitted that the specific case of the prosecution is that

on pressing of the testicles of the informant’s father, he died,

however, from perusal of the Post-mortem report, it would

appear that multiple injuries were found on the chest and right

leg anterior surface and the cause of death is stated to be

asphyxia caused by compression of chest and fracture of

sternum. Learned Senior counsel has further submitted that

there is no specific allegation of overt act against the petitioner.

It has lastly been submitted that the petitioner has clean

antecedent.

5. The learned A.P.P. for the State has vehemently

opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid submissions made by the

parties and taking into account the facts and circumstances of

the case, the petitioner, above named, is directed to be released

on anticipatory bail, in the event of arrest or surrender before the

Court below within a period of four weeks from today, on

furnishing bail-bond of Rs. 10,000/-(Rupees Ten Thousand)

Patna High Court CR. MISC. No.6302 of 2026(2) dt.04-02-2026

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with two sureties of the like amount each to the satisfaction of

the learned Court below where the case is pending/successor

court in connection with Nemachandpura P.S. Case No. 19 of

2023 (G.R. No. 422/2023), subject to the conditions as laid

down under Section 438(2) of the Code of Criminal Procedure

read with corresponding Section 482(2) of BNSS as well as

subject to the following conditions:-

(i) One of the bailors will be a close relative of the

petitioner.

(ii) The petitioner shall remain physically present

before the concerned Court on each and every date of the trial

and shall cooperate in the investigation.

(iii) In case of absence on two consecutive dates or in

violation of the terms of the bail, the bail bond of the petitioner

will be liable to be cancelled by the Court concerned.

(iv) The trial court shall verify the criminal antecedent

of the petitioner and in case, at any stage, it is found that the

petitioner has concealed his criminal antecedents, the trial court

shall take necessary steps for cancellation of bail bond of the

petitioner. However, the acceptance of bail bond in terms of the

above mentioned order shall not be delayed for purpose of or in

the name of verification.

Patna High Court CR. MISC