Patna High Court – Orders
Mithun Kumar vs The State Of Bihar on 2 July, 2025
Author: Rajiv Roy
Bench: Rajiv Roy
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13656 of 2025
Arising Out of PS. Case No.-226 Year-2024 Thana- NARPATGANJ District- Araria
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Mithun Kumar S/o Umesh Yadav R/o vill - Kanhaili, ward no. 5, P.S.-
Narpatganj, Distt.- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Gopal Kumar Jha, Advocate
For the Opposite Party/s : Ms.Anita Kumari, APP
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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 02-07-2025
Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Narpatganj P.S. Case No. 226 of 2024 for the
offence under Sections 341, 323, 324, 326, 307, 354(B), 379,
504, 506 and 34 of the Indian Penal Code lodged on 20.04.2024
by the informant, Babita Devi.
3. As per the prosecution story, the informant alleged
that they run small grocery shop and for the dues of Rs.150/-
when the accused site was approached allegation is that while
this petitioner threw her down on the floor, other assaulted her
family members inasmuch as (i) Amit Kumar Yadav caused
injury to her daughter, further allegation is that her husband was
brutally assaulted by the named accused persons who were
rushed to government hospital and then to Purnia Sadar Hospital
Patna High Court CR. MISC. No.13656 of 2025(4) dt.02-07-2025
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where he was fighting for life and death in the intensive care.
This led to the FIR.
4. Learned counsel for the petitioner submits that so
far as the assault on Raj Kumar Yadav is concerned, though the
injury has been found to be grievous in nature, the allegation is
not against him. Again injury to the daughter is not assigned to
this petitioner. He has been alleged to have threw the informant
on ground and the injury has been found to be simple in nature.
Further, the submission is that without accepting the allegation
and/or outcome of the present petition in view of the fact that
the informant’s side has alleged injuries, the petitioner(s) on its
own would like to contribute Rs.7,000/- towards the medical
assistance through Demand Draft issued by the local State Bank
of India branch to be submitted before the ‘NAZARAT’ of
concerned Court to be handed over to the informant after
checking the credentials.
5. Learned APP opposes the prayer submitting that for
a pity amount of Rs.150/- the entire family members were
assaulted and the injuries has been found to be grievous in
nature. Injuries found on Babita Devi has been found simple in
nature.
6. Considering the submissions put forward by the
Patna High Court CR. MISC. No.13656 of 2025(4) dt.02-07-2025
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parties as also the fact that the injuries inflicted by this
petitioner which has been found simple in nature, in that
background, this Court is inclined to extend him the privilege of
anticipatory bail, subject to payment of Rs.7,000/- as undertaken
by learned counsel for the petitioner to be paid by Demand
Draft of local State Bank of India to be submitted to the Trial
Court.
7. It is made clear that if the criminal antecedent story
is found to be incorrect, the order shall become infructuous.
8. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 7,000/-
(Seven thousand) with two sureties of like amount each to the
satisfaction of learned CJM, Araria, in connection with
Narpatganj P.S. Case No. 226 of 2024 subject to the conditions
as laid down under Section 438(2) of the Cr.P.C., as also with
the following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
Patna High Court CR. MISC. No.13656 of 2025(4) dt.02-07-2025
4/4dates without plausible reason will entail cancellation of his/her
bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every fortnight for next six months to mark his
attendance;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
Saurav/-
U T