Patna High Court
Mithu Kumar @ Mithu Dhobi @ Miththu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The High Court granted anticipatory bail to the petitioner, subject to strict conditions, finding no sufficient ground to deny bail.
Summary
Mithu Kumar sought anticipatory bail fearing arrest in a case (Mohania P.S. Case No.403/2025) alleging assault, robbery and other offences under several sections of the B.N.S. The prosecution alleged that Kumar, along with others, brutally attacked the informant’s nephew with an iron rod and stole cash. Kumar contended that he was falsely implicated, the injuries were minor, the FIR was vague, and highlighted that a co‑accused had already been granted anticipatory bail while he had three prior criminal antecedents. The High Court, after considering the submissions, applied Section 438(2) of the CrPC and Section 482(2) of the B.N.S. and granted anticipatory bail with stringent conditions, including bail‑bond, sureties, regular appearance before the trial court and police monitoring. The order emphasized that the observations would not affect the trial and the application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the seriousness of the alleged offences and his prior criminal antecedents
- Whether the allegations in the FIR are sufficiently specific to deny bail
- Whether the conditions imposed under Section 438(2) CrPC and Section 482(2) B.N.S. are appropriate
Legislation cited
- B.N.S. — s. 109(1), 115(2), 126(2), 190, 191(2), 191(3), 303(2), 3(5), 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Criminal Procedure Code
- B.N.S.
- section 438
- section 482
- criminal antecedents
- assault
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1932 of 2026
Arising Out of PS. Case No.-403 Year-2025 Thana- MOHANIYA District- Kaimur (Bhabua)
======================================================
Mithu Kumar @ Mithu Dhobi @ Miththu Kumar S/O Guput Dhobi @ Lala
Dhobi R/O Badi Bazar, Mohania, Ward No. 10, P.O and P.S- Mohania, Distt.-
Kaimur at Bhabua.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Garg, Adv.
For the Opposite Party/s : Mr.Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Mohania P.S. Case No. 403 of 2025 dated 15.05.2025
registered for the offences punishable under Sections 191(2),
191(3), 190, 126(2), 115(2), 109(1), 303(2) and 3(5) of the
B.N.S.
3. The prosecution case is to the effect that the
petitioner along with three named accused persons and 5 to 6
unknown persons brutally assaulted the nephew of the informant
with iron rod etc. It is further alleged that the accused persons
also snatched away the cash being carried by the said persons.
4. The learned counsel for the petitioner submits that
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petitioner has falsely been implicated and no such occurrence as
alleged has occurred. It has further been submitted that the
allegation levelled in the F.I.R. is not corroborated by the
injury, from perusal of the same, it would appear that two
injuries were suffered by the injured Ritesh Kumar on his head
which were of the size 3-3.5 cm in length and 0.5 to 0.8 cm in
depth, meaning thereby that the injuries is simple in nature. It
has further been submitted that the allegation is general and
omnibus and no specific allegation of assault has been made
against the petitioner. Learned counsel has further submitted
that the similarly situated co-accused, namely Devmuni Dhobi
has been granted anticipatory bail by a Coordinate Bench of this
Court. It has lastly been submitted that the petitioner has three
criminal antecedents in which he is on bail.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid submissions made by the
parties and taking into account the facts and circumstances of
the case, the petitioner, above named, is directed to be released
on anticipatory bail, in the event of arrest or surrender before the
Court below within a period of four weeks from today, on
furnishing bail-bond of Rs. 10,000/-(Rupees Ten Thousand)
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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 Mohania P.S. Case No. 403 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure read with corresponding
Section 482(2) of BNSS as well as subject to the following
conditions:-
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will be liable to be cancelled by the Court concerned.
(iv) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
(v) In view of the antecedents of the petitioner, the
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petitioner is directed to appear before the Superintendent of Police,
Kaimur, Bhabua within fifteen (15) days of his release with a copy
of this order and every two weeks thereafter for the next nine
months. The conduct of the petitioner will be kept under watch in
this period by the concerned Superintendent of Police and if it is
found wanting in any respect, a report shall be made to the Court
concerned by him to initiate a proceeding for cancellation of bail
of the petitioner for reasons of misuse of bail. After reporting to
the Superintendent of Police, a certificate will be filed by the
petitioner before the Court concerned.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
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