CR. MISC./59181/2026 of Mritunjay Kumar Singh @ Mritunjay Singh Vs The State of Bihar on 19 August 2026

ORAL ORDER

19-08-2026 Heard Mr. Saurav Anand, learned counsel for the petitioner and Mr. Nirmal Kumar Sinha, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Laheriasarai P.S. Case No. 598 of 2025, F.I.R. dated 04.10.2025 for the offences punishable under Sections 329(4), 115(2), 109, 303(2), 74, 351(2), 352 and 61(2) of the Bhartiya Nyay Sanhita, 2023.

3. As per the First Information Report, on 29.09.2025, the informant confronted persons allegedly stealing iron materials from his sawmill. Subsequently, Pinku Singh, Rinku Singh, Mritunjay Singh (this petitioner) and 40–50 others allegedly assaulted the informant and his sisters, causing serious injuries.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. Petitioner is named in the FIR but there is no specific allegation of assault or overt act against him rather specific allegation of assault is attributed against co- accused, namely, Pinku Singh. It appears from the FIR that date of the occurrence was on 29.09.2025 and the fardbeyan has been recorded on 01.10.2025 but the FIR was lodge on 04.10.2025 i.e. after delay of about one week without giving any reason of delay. He next submits that similarly situated co-accused person, namely, Amit Kumar Singh @ Rinku Singh has been granted the privilege of anticipatory bail by a co-ordinate Bench of this Court vide order dated 06.05.2026 in Cr. Misc. No. 30763 of 2026 and apart from that injury inflicted the injured persons are simple in nature.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, there is no specific allegation of assault or overt act against the petitioner and the petitioner has clean antecedent and similarly situated co-accused person has been granted the privilege of anticipatory bail by a co-ordinate Bench of this Court, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Laheriasarai P.S. Case No. 598 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:-

i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step 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.

Suruchi/- (Rajesh Kumar Verma, J) U T