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Patna High Court

Mithilesh Kumar @ Gunjan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond and specific conditions.

Summary

Mithilesh Kumar was arrested in connection with a violent incident in which several accused, including him, allegedly assaulted an informant’s husband with weapons, causing grievous injuries. The petitioner sought bail, claiming a clean antecedent and that the incident arose from a petty dispute without intent to kill. The prosecution opposed bail, emphasizing the specific allegations and the serious nature of the injuries. The court considered the facts, the petitioner’s lack of prior record, and the need to ensure trial cooperation, and ordered bail on a Rs.10,000 bond with two sureties and several conditions. The bail order includes requirements for physical presence, non‑tampering with evidence, and verification of criminal antecedent.

Issues considered

  • Whether bail should be granted to an accused facing multiple serious offences under the Indian Penal Code.
  • Whether the petitioner’s clean antecedent and the nature of the dispute justify bail despite allegations of grievous hurt.

Legislation cited

Subjects

  • bail
  • grievous hurt
  • Indian Penal Code
  • criminal antecedent
  • trial cooperation
  • evidence tampering

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29560 of 2026
                         Arising Out of PS. Case No.-54 Year-2025 Thana- Gidhaur District- Jamui
                 ======================================================
                 Mithilesh Kumar @ Gunjan Kumar Son of Rajendra Mandal Resident of
                 Village - Mahuligarh P.O. and P.S.- Gidhour Dist.- Jamui
                                                                                 ... ... Petitioner
                                                     Versus
                 The State of Bihar
                                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Arjun Prasad
                 For the Opposite Party/s :        Mr. Bharat Bhushan
                 For the Informant        :        Mr. Ashok Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   04-05-2026                       Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   16.01.2026 in connection with Gidhour P.S. Case No. 54 of

                   2025 for the offences punishable under Sections 126(2), 115(2),

                   109, 303(2), 118(1), 118(2), 351, 352 and 3(5) of BNS.

                               3.    The case of the prosecution, in brief, is that

                   informant Anita Devi alleges that on dated 24.03.2025 at about

                   10:00 am, she alongwith her husband Shankar Mandal had gone

                   to cut bamboo tree of their own share. All of a sudden, the

                   accused persons namely Mithlesh Kumar, Chandan Kumar,

                   Rajendra Mandal, Savitri Devi, Guddu Kumar, Sukdeo Mandal,

                   Sarita Devi, Pappu Kumar Mandal and wife of Chandan Kumar

                   altogether having armed with Tangi, Khanti and Iron rod

                   surrounded her and her husband and while abusing objected the

                   cutting of bamboo tree and threatened to kill them. Meanwhile,
Patna High Court CR. MISC. No.29560 of 2026(2) dt.04-05-2026
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          Mithlesh Kumar having armed with Tangi assaulted on the head

          of the her husband Shankar Yadav due to which her

          husband sustained head injury and fell down on the ground and

          when her husband was lying on the ground, the accused

          Mithlesh Kumar again assaulted him with Tangi due to which he

          started blood vomiting. Accused Chandan Kumar assaulted her

          husband on his head with iron rod which hit on the hand of her

          husband due to which the hand was fractured. When she went to

          save her husband, Savitri Devi and Sarita Devi caught her and

          wife of Chandan asked Dharmendra Kumar to kill her, upon

          which Dharmendra Kumar having armed with iron rod assaulted

          on her head due to which she sustained head injury and there

          started bleeding and accused Guddu Kumar strangulated her

          with an intention to kill her due to which she became

          unconscious and fell down on the ground, meanwhile wife of

          Chandan snatched away her Mangalsutra and ear ring and the

          accused persons considering them dead fled away from the spot.

          By the help of police, the informant and her husband was

          admitted to Gidhaur government hospital from where they were

          referred     to    government        hospital        Jamui   and   thereafter

          considering the critical condition of her husband Shankar Yadav,

          the doctor referred her husband to Patna.
Patna High Court CR. MISC. No.29560 of 2026(2) dt.04-05-2026
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                      4.    Learned counsel for the petitioner submits that

          petitioner has clean antecedent. It is next submitted that it

          appears from the FIR that due to some petty dispute the present

          occurrence has taken place. It is next submitted there is a case

          and counter-case between both the parties and there is specific

          allegation against the petitioner that they have assaulted the

          husband of the informant by means of tengari and the injury

          sustained by the injured person is grievous in nature. Learned

          counsel for the petitioner submits that at the spur of the moment

          the present occurrence has taken place and there is no intention

          to kill anyone and police after investigation has submitted

          charge-sheet and the petitioner is in custody since 16.01.2026.

                      5. The learned Additional Public Prosecutor for State

          and learned counsel for the informant have vehemently opposed

          the prayer for bail of the petitioner and submit that there is

          direct and specific allegation against the petitioner and the

          injury inflicted upon the injured person in grievous in nature.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned ACJM, 1 st

          Class, Jamui in connection with Gidhour P.S. Case No. 54 of
           Patna High Court CR. MISC. No.29560 of 2026(2) dt.04-05-2026
                                                       4/4




                     2025, subject to the following conditions:-

                                  i. Petitioner shall co-operate in the trial and shall be

                     properly represented on each and every date fixed by the court

                     and shall remain physically present as directed by the court and

                     on his absence on two consecutive dates without sufficient

                     reason, his bail bond shall be cancelled by the Court below.

                                  ii. If the petitioner tampers with the evidence or the

                     witnesses, in that case, the prosecution will be at liberty to

                     move for cancellation of bail.

                                  iii. And further condition that the court below shall

                     verify the criminal antecedent of the petitioner and in case at

                     any stage it is found that the petitioner has concealed his

                     criminal antecedent, the court below shall take step for

                     cancellation of bail bond of the petitioner. However, the

                     acceptance of bail bonds in terms of the above-mentioned order

                     shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


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