Patna High Court
Mithilesh Kumar @ Mithun Tanti @ MithileshversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- B.N.S., 2023 — s. 3(5), 80(2)
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
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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
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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
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