Patna High Court
Mithlesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Mithlesh Kumar, was arrested in connection with a shooting incident during a marriage ceremony where several youths brandished firearms and one bullet injured a bystander. He was charged under sections 109 and 3(5) of the Bihar Non-Compulsory (BNS) Act and sections 25(1‑b)a, 26, 35 and 27 of the Arms Act. The petitioner contended that he only brandished a weapon, had no prior criminal record, and had been in judicial custody since 31‑01‑2026, seeking regular bail. The State opposed the bail on the ground of the seriousness of the offence. The Court, after considering the lack of specific allegation of firing against the petitioner, his clean record, and the precedent of bail granted to a co‑accused in Cr. Misc. No. 26728 of 2026, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges under the BNS Act and the Arms Act
- Whether the absence of a specific allegation of firing and the petitioner's clean record justify bail
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27, 35
- Bihar Non-Compulsory (BNS) Act — s. 109, 3(5)
Subjects
- regular bail
- BNS Act
- Arms Act
- judicial custody
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28283 of 2026
Arising Out of PS. Case No.-40 Year-2026 Thana- JANKINAGAR District- Purnia
======================================================
Mithlesh Kumar Son of Bidan Mandal Resident of village - Laxmipur, P.S.-
Kumar Khand, District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr. Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-05-2026 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 and
3(5) of the BNS and 25(1-b)a, 26, 35 & 27 of the Arms Act.
3. The case of the prosecution is that during a
marriage party, approximately 5-6 boys were openly
brandishing firearms and allegedly indulged in indiscriminate
firing. It is alleged that one of the boys, namely, Rajesh Kumar
fired at the son of the informant and the bullet hit on his thigh
causing injury.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. It has
further been submitted that from perusal of the FIR, it is clear
Patna High Court CR. MISC. No.28283 of 2026(2) dt.04-05-2026
2/2
that only allegation against the petitioner is that he was merely
brandishing a weapon. There is no specific allegation of firing
attributed against him. The petitioner has no criminal
antecedent. Moreover, the petitioner is languishing in judicial
custody since 31.01.2026. It has further been submitted that
similarly situated other co-accused person has already been
granted bail by this Court vide Cr. Misc. No. 26728 of 2026.
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
Janki Nagar P.S. Case No. 40 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate
Purnea.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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