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
Mithlesh Kumar was arrested in connection with offences under Sections 310(4) & (5) of the Bihar Narcotic Substances Act and Sections 25(1‑B)(a), 26 and 35 of the Arms Act after a police raid recovered only a mobile phone from his possession. The petitioner pleaded innocence, asserted no incriminating material was found, and highlighted his clean record and the grant of bail to a co‑accused in a similar case. The State opposed the bail application. The High Court, after considering the circumstances, ordered the petitioner’s release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the charges under the Bihar Narcotic Substances Act and the Arms Act.
- Whether the absence of incriminating material and the grant of bail to a similarly situated co‑accused justify bail in the present case.
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
- Bihar Narcotic Substances Act — s. 310(4), 310(5)
Subjects
- regular bail
- Bihar Narcotic Substances Act
- Arms Act
- police raid
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29050 of 2026
Arising Out of PS. Case No.-704 Year-2025 Thana- MADHAURAH District- Saran
======================================================
Mithlesh Kumar Son of Ganesh Sah R/O Vill.- Olhanpur, P.O.- Olhanpur,
P.S.- Marhaurah, District- Saran
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kunal Raushan, Advocate
For the Opposite Party/s : Mr.Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in
connection with a case registered for the offences punishable
under Sections 310(4) & (5) of the BNS and Sections 25(1-B)
(a), 26 and 35 of the Arms Act.
3. The case of the prosecution, in brief, is that the
police received information that certain miscreants had gathered
for committing some offence. Acting on such information, a raid
was conducted and, from the possession of the petitioner, only a
mobile phone was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in the
present case. It is further submitted that no incriminating article
has been recovered from the possession of the petitioner except
Patna High Court CR. MISC. No.29050 of 2026(2) dt.06-05-2026
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a mobile phone. It is also submitted that the petitioner has been
languishing in judicial custody since 21.10.2025 and has no
criminal antecedent. Learned counsel further submits that a
similarly situated co-accused, namely Dhananjay Kumar @
Dhananjay Mahto has already been granted bail by a learned co-
ordinate Bench of this Court vide order dated 18.04.2026 passed
in Cr. Misc. No. 25328 of 2026, and the case of the present
petitioner stands on identical footing.
5. Learned APP appearing for the State has opposed
the prayer for regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this Court is inclined to enlarge the petitioner on
bail. Accordingly, the petitioner, above-named, is directed to be
released on bail in connection with Marhowrah P.S. Case No.
704 of 2025, on furnishing bail bonds of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Chief Judicial Magistrate, Saran at
Chapra.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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