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Patna High Court

Mithilesh Kumar @ LambuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                      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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