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Patna High Court

Mithlesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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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