Patna High Court

Mithilesh KumarversusThe State of Bihar

Decided: 23 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted bail to the petitioner.

Summary

Mithilesh Kumar was arrested in connection with a case registered under Sections 109, 191(2), 191(3), 3(5) and 329(4) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The prosecution alleged that Kumar was present at the scene where Rakesh Kumar allegedly fired at an informant's thigh and stomach. The petitioner’s counsel argued that the charge against Kumar was vague, lacking any specific overt act, and that the main accusation was against Rakesh Kumar; the petitioner had been in judicial custody since 4 October 2025. The State opposed bail, citing a prior criminal case against the petitioner. After hearing both sides, the court found the allegations insufficient to deny bail and ordered the petitioner to be released on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail order was directed to be complied with by the Chief Judicial Magistrate, Begusarai.

Issues considered

Whether the petitioner is entitled to bail despite being charged under multiple serious offences under the B.N.S. and the Arms Act
Whether the allegations against the petitioner constitute sufficient grounds to deny bail
Whether the petitioner’s prior criminal antecedent warrants refusal of bail

Legislation cited

Arms Act — s. 27
Bharatiya Nyaya Sanhita — s. 109, 191(2), 191(3), 329(4), 3(5)

Subjects

bail
criminal procedure
Bharatiya Nyaya Sanhita
Arms Act
prior criminal antecedent
charges
judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17271 of 2026
                    Arising Out of PS. Case No.-357 Year-2025 Thana- BACHHWARA District- Begusarai
                 ======================================================
                 Mithilesh Kumar S/o Late Arjun Ray R/o Village- Samsipur Lodiyahi Bichala
                 Diyara, Ward No.7, P.S- Bachhwara, Dist- Begusarai.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pushpendra Kumar Singh, Advocate
                                                  Mrs. Divya Bharti, Advocate
                 For the Opposite Party/s :       Ms. Pushpa Sinha.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   23-03-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner has prayed for bail in connection

                   with Bachhwara P.S. Case No.357 of 2025 registered for the

                   offence punishable under Sections 109, 191(2), 191(3), 3(5) &

                   329(4) of the Bharatiya Nyaya Sanhita (in short ‘B.N.S.) and

                   under Section 27 of the Arms Act.

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

                   petitioner along with others were together at the place of

                   occurrence. It is alleged that one Rakesh kumar has fired at the

                   thigh and stomach of the informant.

                                 4. Learned counsel appearing on behalf of the

                   petitioner has submitted that the nature of allegation against this
            Patna High Court CR. MISC. No.17271 of 2026(2) dt.23-03-2026
                                                        2/2




                      petitioner is general and omnibus. There is no allegation of any

                      overt act against the petitioner. Learned counsel for the

                      petitioner has submitted that actually the main thrust of

                      allegation is against Rakesh. Learned counsel for the petitioner

                      has submitted that the petitioner is in judicial custody since

                      04.10.2025.

                                   5. The application for bail is opposed by learned APP

                      for the State and he has submitted that the petitioner is having

                      criminal antecedent of one case.

                                   6. 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

                      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 learned court of

                      Chiefr Judicial Magistrate, Begusarai in connection with

                      Bachhwara P.S. Case No.357 of 2025.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

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