Patna High Court

Mithun KumarversusThe State of Bihar

Decided: 13 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioners, finding no specific allegation against them warranting denial of bail.

Summary

The petitioners, Mithun Kumar and Jhunna Kumar, were accused in a case (Harsidhi PS Case No.104 of 2025) involving serious offences under several sections of the Bihar Non‑Compulsory Act (BNS), including murder, after a mob allegedly assaulted the informant’s mother who later died. The prosecution alleged that members of the mob, specifically Munna Mahto, Rambilash Mahto and Vikash Mahto, used iron rods in the assault, but the petitioners contended that no specific allegation was made against them and that they were merely part of the crowd with no criminal antecedent. The petitioners sought regular bail, arguing they had been in judicial custody since 13‑11‑2025 and had no prior record. The informant’s counsel opposed bail, asserting that all accused, including the petitioners, participated in the assault. After hearing both sides, the court found insufficient specific evidence against the petitioners to deny bail and ordered their release on a bail bond of Rs.10,000 each with two sureties, subject to the satisfaction of the Judicial Magistrate. The bail order was directed to be executed by the Judicial Magistrate of Motihari, East Champaran.

Issues considered

Whether the petitioners are entitled to regular bail despite the serious nature of the charges and the alleged involvement in a mob assault resulting in death.
Whether specific allegations against the petitioners are sufficient to justify denial of bail.

Subjects

regular bail
criminal procedure
mob assault
murder
Bihar High Court
BNS sections
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16130 of 2026
                  Arising Out of PS. Case No.-104 Year-2025 Thana- HARSIDHI District- East Champaran
                 ======================================================
           1.     Mithun Kumar S/o- Dhurp Mahto Resident of Village-Dhankhariya Ranjeeta
                  , Police Station- Harsidhi, District- East Champaran
           2.     Jhunna Kumar @ Jhunna Mahto S/o- Dhurp Mahto Resident of Village-
                  Dhankhariya Ranjeeta , Police Station- Harsidhi, District- East Champaran
                                                                                ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Shakil Ahmad Khan, Advocate
                 For the State           :        Mr. Anant Kumar 1, APP
                 For the Informant       :        Mr. Arun Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   13-03-2026                   Heard learned counsel for the petitioners, learned APP

                   for the State and learned counsel for the Informant.

                                 2. The petitioners have prayed for regular bail in a

                   case registered for the offence punishable under Sections

                   115(2), 117(2), 126, 109, 352, 351, 76 & 3(5) of the BNS and

                   thereafter Section 103 of the BNS added.

                                 3.     The case of the prosecution, in short, is that

                   petitioners along with other named 13 named accused persons

                   being armed with weapon arrived at the door of the informant

                   and started assaulting and abusing. It is specifically alleged that

                   Munna Mahto, Rambiash Mahto and Vikash Mahto who were

                   having iron rod has assaulted the mother of the informant,

                   namely, Pawdhari Devi. She died due to that assault.
            Patna High Court CR. MISC. No.16130 of 2026(2) dt.13-03-2026
                                                        2/2




                                   4. Learned counsel for the petitioners submits that

                      petitioners are arrayed as accused but no specific allegation is

                      against them. The allegation is against Munna, Rambilash and

                      Vikash. Learned counsel for the petitioners has submitted that

                      petitioners are only member of the mob. Learned counsel for the

                      petitioners has submitted that the petitioners are having no

                      criminal antecedent and they are in judicial custody since

                      13.11.2025.

                                   5. Learned counsel for the informant has vehemently

                      opposed the bail to the petitioners and has stated that all the

                      accused persons including these petitioners have assaulted.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioners on

                      bail. The above named petitioners are directed to be released on

                      bail in connection with Harsidhi P.S. Case No. 104 of 2025 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) each of them

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

                      learned Judicial Magistrate 1st Class, Motihari, East Champaran.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

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