Patna High Court
Mithun Kumar @ Mithun YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner, directing a bond of Rs.10,000 with two sureties.
Summary
Mithun Kumar (Mithun Yadav) was charged under Sections 126(2), 115(2), 109, 118(2) and 117(2) of the B.N.S. for allegedly assaulting the informant's son, Raj Kumar, with a knife and a pistol, causing facial injuries. The petitioner argued that the FIR was lodged three days after the incident and that the medical report was prepared weeks later, raising doubts about the prosecution's case. The informant opposed bail, emphasizing the seriousness of the assault. After hearing both sides, the Patna High Court considered the delay in filing the FIR and the medical report, but found no sufficient ground to deny bail. The court ordered that the petitioner be released on bail upon furnishing a Rs.10,000 bond with two sureties, directing compliance with the local court in Bhagalpur.
Issues considered
- Whether the delay in filing the FIR and the issuance of the medical report justify denial of bail
- Whether the nature of the offences under the B.N.S. warrants denial of bail
Legislation cited
- B.N.S. — s. 109, 115(2), 117(2), 118(2), 126(2)
Subjects
- bail
- assault
- delay in FIR
- medical report
- B.N.S.
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10196 of 2026
Arising Out of PS. Case No.-383 Year-2025 Thana- SABAUR District- Bhagalpur
======================================================
Mithun Kumar @ Mithun Yadav S/o Subodh Yadav Resident of Village-
Gopalpur, P.S.- Industrial Area, Zero Mile, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate
Mr. Sadaf Anas, Advocate
Mr. Shashi Shekhar Shandilya, Advocate
For the State : Mr. Madan Kumar, APP
For the Informant : Mr. Arun Kumar Tiwary, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 07-04-2026 Heard learned counsel for the petitioner, learned APP
for the State and learned counsel for the Informant.
2. The petitioner has prayed for bail in connection
with Sabour P.S. Case No.383 of 2025 registered for the offence
punishable under Sections 126(2), 115(2), 109, 118(2) &117(2)
of the B.N.S.
3. The case of the prosecution, in short, is that the
petitioner has assaulted with knife and country made pistol on
the head and face of the informant’s son namely Raj Kumar. He
was treated in Glocal Hospital.
4. Learned counsel appearing on behalf of the
petitioner has submitted that the occurrence is of 22.10.2025
whereas the FIR was lodged on 25.10.2025; there is delay of
Patna High Court CR. MISC. No.10196 of 2026(3) dt.07-04-2026
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three days in filing of the FIR and the delay is not explained. It
has further been submitted that the injured Raj Kumar was taken
to private hospital and from perusal of the injury report it
transpire that the injured has received following injuries :-
(i) Deep cut in nose and nasal lacerated bleeding
injury present
(ii) Lacerated cut injury on nose size 3cm x 0.5cm
size.
(iii) Right facial cut 2.5 x 0.3 x skin
(iv) Upper lip 2cm x 0.5cm x skin
5. Learned counsel for the petitioner has submitted
that from perusal of the injury report which has been issued by
SRI RAM EMERGENCY HOSPITAL it is clear that the report
has been prepared on 18.11.2025 whereas the injured was
examined on 22.10.2025. It is not clear as to how on subsequent
dates this report has been issued. What is the basis of this
report?
6. Countering this, learned counsel for the informant
has vehemently opposed the bail and has stated that the
petitioner has vehemently assaulted the son of the informant.
7. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
Patna High Court CR. MISC. No.10196 of 2026(3) dt.07-04-2026
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petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
C.J.M., Bhagalpur in connection with Sabour P.S. Case No.383
of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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