Patna High Court
Mithun Yadav @ Prince Kumar @ Prince @ Prince Kr.versusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied as the petitioner’s serious criminal antecedents and the incomplete trial warranted continued custody.
Summary
The petitioner, Mithun Yadav, applied for bail in a case registered under Sections 25(1-b)a, 26 and 35 of the Arms Act. The trial has examined only three of seventeen witnesses, and the petitioner is already in custody for over a year and faces nineteen other criminal cases, including three murders. The State opposed bail, emphasizing the seriousness of the offences and the petitioner’s extensive criminal antecedent. The Court noted the lack of trial completion and the risk of further offences if released. Consequently, the Court declined to grant bail, dismissing the application while allowing a future bail petition if the trial is delayed beyond one year due to prosecution.
Issues considered
- Whether bail should be granted to an accused facing multiple serious offences, including murder, under the Arms Act.
- Whether the pendency of trial and the accused’s criminal antecedent justify denial of bail.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
Subjects
- bail
- Arms Act
- criminal antecedent
- trial delay
- serious offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25220 of 2026
Arising Out of PS. Case No.-67 Year-2025 Thana- AMARPUR District- Banka
======================================================
Mithun Yadav @ Prince Kumar @ Prince @ Prince Kr. S/o- Late Gopal
Yadav Resident Of Village- Badi Mirzapur, Ps- Kasim Bazar, Dist- Munger,
P/A- Badi Jankipur Ps- Amarpur Dist- Banka
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash Dwivedi, Adv.
Mr. Surabh Raj, Adv.
For the Opposite Party/s : Mr. Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the 2nd attempt of the petitioner seeking bail
in connection with Amarpur P.S. Case No. 67 of 2025 registered
for the offence under Sections 25(1-b)a, 26 & 35 of Arms Act.
3. Earlier, the bail application of the petitioner was
rejected on 17.09.2025 in Cr. Misc. No. 63581 of 2025 which
reads as follows:-
“Heard learned counsel for the petitioner
and learned APP for the State.
2. The petitioner seeks bail in connection
with Amarpur P.S. Case No. 67 of 2025
registered for the offence punishable under
Sections 25(1-B)a, 26 and 35 of the Arms Act.
3. The petitioner has been named by one
Manohar Pandit from whose house the recovery
of the country made pistol has been made.
Patna High Court CR. MISC. No.25220 of 2026(2) dt.08-05-2026
2/2
4. The petitioner is in custody since
02.04.2025 and is accused in 19 cases which
includes serious cases of murders, dacoity and
loot etc.
5. Considering the aforesaid facts and
the criminal antecedent, I am not inclined to
grant bail to the petitioner.
6. Accordingly, the application stands
dismissed”
4. Learned APP for the State opposed the prayer for
bail.
5. In the trial, three out of seventeen witnesses have
been examined. The petitioner is accused in nineteen more cases
out of which there are three cases of murder.
6. Considering the aforesaid circumstances, I am not
inclined to grant bail to the petitioner.
7. Accordingly, this application is dismissed.
8. If the trial is not concluded within one year because
of the delay caused by the prosecution, the petitioner may renew
his prayer for bail.
(Sandeep Kumar, J)
sadique/-
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