Created by Fuzzy Cloud

Patna High Court

Mithilesh Kumar @ Mithun Tanti @ MithileshversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner, subject to bond and surety conditions.

Summary

Mithilesh Kumar was arrested in connection with a murder alleged to have been committed over a dowry demand, under Sections 80(2) and 3(5) of the B.N.S., 2023. He had been in custody since 20‑04‑2025 and a prior bail application had been rejected. The petitioner argued innocence and highlighted that only four of twelve charge‑sheet witnesses had been examined. The State opposed bail, citing the seriousness of the offence. The Court, noting the length of custody and delay in trial, granted regular bail on a bond of Rs.10,000 with two sureties, subject to the condition of regular appearance in court. The order was made expressly prima facie and not on the merits of the case.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious nature of the alleged dowry‑related murder.
  • Whether the delay in trial and period of custody justify granting bail under Sections 80(2) and 3(5) of the B.N.S., 2023.

Legislation cited

Subjects

  • regular bail
  • dowry death
  • delay in trial
  • criminal procedure
  • B.N.S. 2023
  • sureties
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26114 of 2026
                      Arising Out of PS. Case No.-143 Year-2025 Thana- AMARPUR District- Banka
                 ======================================================
                 Mithilesh Kumar @ Mithun Tanti @ Mithilesh son of Bablu Tanti @ Bablu
                 Sharma Village- Khurd koal Ps- Amarpur, District -Banka
                                                                             ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ranjan Kumar Jha, Advocate
                 For the Opposite Party/s :      Mr. Murli Dhar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   21-04-2026                    Heard learned counsel for the parties.

                                2. The petitioner seeks regular bail in connection with

                   Sessions Trial No. 461 of 2025, arising out of Amarpur P.S.

                   Case No. 143 of 2025, registered under Sections 80(2), 3(5) of

                   the B.N.S., 2023.

                                3. Earlier, the prayer for grant of regular bail of the

                   petitioner was rejected by a coordinate Bench of this Hon’ble

                   Court vide order dated 09.07.2025 passed in Cr. Misc. No.

                   39459 of 2025.

                                4. As per prosecution case, the petitioner and the co-

                   accused persons are alleged to have killed the daughter of the

                   informant due to non-fulfillment of demand of Rs. 1 Lakh as

                   dowry. The petitioner is the husband of the deceased. Petitioner

                   is in custody since 20.04.2025.

                                5. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.26114 of 2026(2) dt.21-04-2026
                                            2/3




          petitioner is innocent and has committed no offence. He further

          submits that out of twelve chargesheeted witnesses, only four

          witnesses have been examined.

                       6. Learned A.P.P. for the State has opposed the prayer

          for bail.

                       7. Considering the period of custody and delay in

          trial, this bail application is allowed.

                       8. Let the petitioner above named, be granted bail on

          furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand

          Only) with two sureties of the like amount each to the

          satisfaction of learned District and Additional Sessions Judge-

          IV, Banka,/concerned court below in connection with Sessions

          Trial No. 461 of 2025, arising out of Amarpur P.S. Case No. 143

          of 2025, subject to the condition that:

                                                  (i) The petitioner shall appear
                                                  in the trial regularly, either
                                                  personally   or   through    his
                                                  counsel, and shall cooperate
                                                  with the trial. Non- cooperation
                                                  shall result in cancellation of
                                                  the bail bonds.
                       9. It is made clear that any observation made herein is

          prima facie in nature and limited solely for the purpose of

          adjudication of the present bail application. Such observations
            Patna High Court CR. MISC. No.26114 of 2026(2) dt.21-04-2026
                                                        3/3




                      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)

Ranjeet/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.