Patna High Court

Mithu Kumar Singh @ Mitu KumarversusThe State of Bihar

Decided: 29 April 2026
Disposal: BAIL GRANTED
Bench: ALOK KUMAR SINHA

Holding

The court granted anticipatory bail to the petitioner subject to the stipulated conditions.

Summary

Mithu Kumar Singh sought anticipatory bail fearing arrest in a case registered under Sections 137(2), 87, 140(2) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita (BNS) relating to a Ladania police case. The petitioner claimed innocence, asserting that the alleged victim had left home voluntarily and that her statement under Section 183 BNS did not support the FIR. The State opposed the bail, but the court noted the petitioner’s clean antecedent and the lack of corroborative evidence. Consequently, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to cooperate with the investigation. The bail was conditioned on compliance with Section 438(2) of the CrPC, Section 482(2) of the BNS, and verification of any concealed criminal antecedent.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances.
Whether the victim's statement under Section 183 BNS undermines the FIR allegations.
Whether the petitioner’s clean antecedent warrants bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 137(2), 140(2), 183, 3(5), 482(2), 87
Code of Criminal Procedure — s. 438(2)

Subjects

anticipatory bail
criminal procedure
Bharatiya Nagarik Suraksha Sanhita
victim statement
clean antecedent
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14701 of 2026
                      Arising Out of PS. Case No.-87 Year-2025 Thana- LADANIA District- Madhubani
                 ======================================================
                 Mithu Kumar Singh @ Mitu Kumar S/o Late Pramod Kumar Singh R/o
                 Village - Pathrahi , P.S - Ladania , District - Madhubani

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Shushila Devi W/o Mahanand Prasad Shah Resident of - Ward No. 11, P.O -
                 Pathrahi, P.S - Ladania, District - Madhubani

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Minakshi Kumari
                 For the Opposite Party/s :       Mr.Abhay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   29-04-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 137(2), 87,

                   140(2) and 3(5) of the BNS, in connection with Ladania

                   P.S.Case No. 87 of 2025.

                                3. Learned counsel for the petitioner submits that the

                   petitioner is innocent and the entire allegation is false and

                   concocted. During course of investigation, it has surfaced that

                   the victim girl left home on her own volition.

                                4. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.14701 of 2026(3) dt.29-04-2026
                                            2/3




          anticipatory bail of the petitioner.

                       5. The statement of the victim under Section 183 of

          the BNSS does not support the allegation levelled against the

          petitioner in the FIR. The petitioner has clean antecedent.

          Under these circumstances, I am inclined to grant privilege of

          anticipatory bail to the petitioner.

                       6. Let the petitioner, as named above, in the event of

          his arrest or surrender within four weeks from today, be

          enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction      learned      Sub-Divisional        Judicial   Magistrate,

          Madhubani in connection with Ladania P.S.Case No. 87 of

          2025, subject to the conditions laid down under section 438(2)

          of the Code of Criminal Procedure/Section 482(2) of the

          Bharatiya Nagarik Suraksha Sanhita, 2023 and subject to further

          condition that :-

                       (i) the petitioner shall co-operate in the investigation/

          trial.

                       (ii) the learned Court would, however, verify the

          criminal antecedent of the petitioner and in case it is found that

          the petitioner has concealed his criminal antecedent, the Court

          below shall take step for cancellation of bail bond of the
           Patna High Court CR. MISC. No.14701 of 2026(3) dt.29-04-2026
                                                       3/3




                     petitioner. However, it is expected that the verification process

                     would be done expeditiously without causing any delay.


                                              (Alok Kumar Sinha, J)

HR/-

U      T

Continue reading with your account

Checking your session…