Patna High Court
Mithlesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The petitioner is entitled to regular bail as the prosecution failed to demonstrate any specific overt act against him.
Summary
Mithlesh Kumar was arrested in connection with a case registered under sections 103(1), 238 and 3(5) of the Bihar Negotiable Instruments Act (BNS) relating to the cremation of his sister‑in‑law Nirma Devi. The prosecution alleged his presence at the cremation but offered no specific overt act linking him to the offence. The petitioner’s counsel argued that he is the younger brother of a co‑accused, has no criminal antecedent, and that the allegations are vague and omnibus. The State opposed bail, but the court noted the lack of concrete evidence and the petitioner’s prolonged pre‑trial detention since 20‑11‑2025. Consequently, the court granted regular bail on a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the charges under sections 103(1), 238 and 3(5) of the BNS
- Whether the prosecution has established any overt act linking the petitioner to the alleged offence
Legislation cited
- Bihar Negotiable Instruments Act — s. 103(1), 238, 3(5)
Subjects
- regular bail
- criminal procedure
- pre‑trial detention
- Bihar Negotiable Instruments Act
- sections 103, 238, 3(5)
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20774 of 2026
Arising Out of PS. Case No.-415 Year-2025 Thana- JAMOBAZAR District- Siwan
======================================================
Mithlesh Kumar S/o Sh. Chanman Mahto Resident of Village- Barhoga Yadu,
Ramu Ray Ke Tola, P.O.- Gorea Kothi, P.S.- Jamo Bazar, District- Siwan,
Bihar, 841434
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Paritosh Parimal, Advocate
For the Opposite Party/s : Mr. Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 02-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 103(1), 238
and 3(5) of BNS.
3. The case of the prosecution is that one Nirma Devi
(deceased) was married to one Sanjeet Mahto fourteen years
ago. She was having two sons and a daughter out of that
wedlock. The informant received information that the deceased
had died. When he went the matrimonial house of the deceased,
he found that she was being cremated. It has further been
submitted that the petitioner along with others was there in
cremation.
Patna High Court CR. MISC. No.20774 of 2026(2) dt.02-04-2026
2/2
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that the petitioner is
younger brother of Binod Mahto who is son-in-law of one co-
accused Sanjeet Mahto. He has further submitted that there is no
allegation of any overt act against this petitioner. The nature of
allegation is general and omnibus. A statement has been made in
para-3 of this petition that the petitioner has got no criminal
antecedent. Moreover, he is languishing in judicial custody since
20.11.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
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 released on bail in connection with
Jamo Bazar P.S. Case No. 415 of 2025 on furnishing bail bond
of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned J.M.F.C., Siwan.
(Ashok Kumar Pandey, J)
shubham/-
U T
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