Patna High Court
Mithilesh Kumar @ LambuversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the regular bail application, subject to monetary and attendance conditions.
Summary
Mithilesh Kumar was arrested in connection with a case registered under Sections 25(1‑b)a and 26 of the Arms Act for the alleged recovery of a country‑made pistol. His earlier bail application was rejected, and he remained in custody from 17 May 2025 with charge‑framing on 13 November 2025. The petitioner contended innocence and argued that no incriminating material was recovered from his possession. The State opposed bail, citing the seriousness of the arms offence. Considering the length of custody, the nature of the allegation and the lack of material evidence, the High Court allowed the regular bail application, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties and to comply with attendance and cooperation conditions. The order is limited to bail and does not prejudice the merits of the trial.
Issues considered
- Whether regular bail can be granted to an accused under Sections 25(1‑b)a and 26 of the Arms Act considering the seriousness of the offence and the period of custody.
Legislation cited
- Arms Act — s. 25(1-b)a, 26
Subjects
- bail
- Arms Act
- regular bail
- criminal procedure
- custody
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18279 of 2026
Arising Out of PS. Case No.-232 Year-2025 Thana- PATAHI District- East Champaran
======================================================
Mithilesh Kumar @ Lambu S/O Late Baburam Raut Resident of village -
Mahmmadi, P.S- Patahi, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar
For the Opposite Party/s : Mr. Rabindra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 29-04-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner for regular
bail in connection with Patahi P.S. Case No. 232 of 2025
registered for the offence under Sections 25(1-b)a and 26 of the
Arms Act. Earlier the bail application of the petitioner was
rejected on 27.08.2025 in Cr. Misc. No. 57947 of 2025.
3. As per the prosecution case, there is recovery of
one country made pistol from the petitioner.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 17.05.2025 and the charge has
been framed on 13.11.2025 against the petitioner. It is also
contended that nothing incriminating has been recovered from
Patna High Court CR. MISC. No.18279 of 2026(2) dt.29-04-2026
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the possession of the petitioner.
5. Learned A.P.P. has vehemently opposed the prayer
for bail.
6. Considering the aforesaid facts and circumstances,
the period of custody and the allegation levelled against the
petitioner, this application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, 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 Court below where the case is
pending/successor Court in connection with Patahi P.S. Case
No. 232 of 2025 subject to condition that:-
(i). The petitioner will mark his
attendance at the Patahi Police Station on
every Sunday of each month. Any default in
appearance at the Police Station would
result in cancellation of bail bond of the
petitioner.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
Patna High Court CR. MISC. No.18279 of 2026(2) dt.29-04-2026
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adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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