Patna High Court
Mithilesh yadav @ Mithilesh kumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, finding insufficient evidence to justify continued custody.
Summary
Mithilesh Yadav applied for regular bail in a case registered under sections 109, 103(1) and 3(5) of the Bihar Negotiable Instruments Act and section 27 of the Arms Act, relating to an alleged murder stemming from a land‑sale dispute. The prosecution’s case is based on an informant’s allegation that Sanjay and Manoj Yadav murdered her husband over a disputed sale, while the petitioner claims he had no role in the crime. The petitioner’s counsel argued that the police had exonerated Sanjay and Manoj, that the informant herself became an accused, and that only a confessional statement of a co‑accused, Deepak Kumar, implicated the petitioner, with no other material evidence. The State opposed bail, but the court, noting the lack of substantive evidence, the petitioner’s clean record and his prolonged pre‑trial detention since 16‑12‑2025, ordered his release on regular bail. The bail was conditioned on a bond of Rs.10,000 with two sureties satisfactory to the Chief Judicial Magistrate, Jamui.
Issues considered
- Whether regular bail should be granted in a murder case where the only incriminating material is a co‑accused’s confessional statement.
- Whether the petitioner’s alleged involvement is sufficiently established to justify continued pre‑trial detention.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 103(1), 109, 3(5)
Subjects
- regular bail
- murder
- land dispute
- confessional statement
- pre‑trial detention
- Arms Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25711 of 2026
Arising Out of PS. Case No.-31 Year-2024 Thana- MOHANPUR District- Jamui
======================================================
Mithilesh yadav @ Mithilesh kumar Son of Ram khelawan yadav Resident Of
Village - Dharwa, Ps- Laxmipur, Dist- Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bipin Kumar, Advocate
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-04-2026 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 109, 103(1)
and 3(5) of BNS and Section 27 of the Arms Act.
3. The case of the prosecution is that the informant
alleged that Sanjay Yadav and Manoj Yadav have committed
murder of her husband and the reason behind this occurrence is
that her husband had sold a piece of land to Sanjay Yadav and
Manoj Yadav but the land which was shown to the accused
Sanjay and Manoj was not in the sale deed rather another land
was sold to the co-accused persons.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
Patna High Court CR. MISC. No.25711 of 2026(2) dt.18-04-2026
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counsel for the petitioner has submitted that in this case, during
investigation, police has exonerated Sanjay Yadav and Manoj
Yadav and informant herself was made an accused. On the basis
of her confessional statement, one Deepak was apprehended and
he has given his confessional statement to the effect that he
along with this petitioner has committed murder of the
deceased. Save and except confessional statement and CDR,
there is nothing against this petitioner. It has further been
submitted that Deepak Kumar has been granted bail by learned
co-ordinate Bench of this Court vide Cr. Misc. No. 16972 of
2025. The case of this petitioner stands on similar footing. 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 16.12.2025.
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
Mohanpur P.S. Case No. 31 of 2024 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.25711 of 2026(2) dt.18-04-2026
3/3
each to the satisfaction of learned Chief Judicial Magistrate,
Jamui.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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