Patna High Court
Muthhu Kumar @ Mitthu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that, owing to the vague and non‑specific allegations, the petitioner is entitled to bail under Section 480(3) of the B.N.S.S. with prescribed conditions.
Summary
Muthhu Kumar was arrested in connection with a case involving assault on an informant, a pistol butt injury, and a minor nephew sustaining a leg injury. He faced charges under Sections 115(2), 127(1), 109, 3(5) of the Bihar Negotiable Sale and Purchase Act (B.N.S.S.) and Section 27 of the Arms Act. The petitioner claimed innocence, arguing that the allegations against him were vague, no injury report was produced, and there was no intent to cause death. The prosecution opposed bail, but the court noted the non‑specific nature of the accusations, the petitioner’s custody since 30‑01‑2026, and the filing of the charge‑sheet. Consequently, the court granted bail on a Rs.10,000 bond with two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and additional personal conditions.
Issues considered
- Whether the petitioner is entitled to bail despite charges under Sections 115(2), 127(1), 109, 3(5) of B.N.S.S. and Section 27 of the Arms Act
- Whether the allegations against the petitioner are sufficiently specific to justify denial of bail
- Whether the period of custody and the filing of the charge‑sheet affect the bail decision
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Sale and Purchase Act — s. 109, 115(2), 127(1), 3(5), 480(3)
Subjects
- bail
- arms act
- assault
- non‑specific allegations
- Section 480(3)
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30213 of 2026
Arising Out of PS. Case No.-348 Year-2024 Thana- BACHHWARA District- Begusarai
======================================================
Muthhu Kumar @ Mitthu Kumar S/O Pankaj Choudhary R/O Village-
Godhna, Ward No.8, P.S- Bachhwara, Distt.- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Kumar Sinha, Advocate
For the Opposite Party/s : Mrs.Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Bachhwara P.S. Case No. 348 of 2024
registered for the alleged offences under Sections 115(2),
127(1), 109, 3(5) of BNS and Section 27 of the Arms Act.
03. As per prosecution case, the co-accused persons
assaulted the informant and when the informant opposed, the
co-accused Aman Kumar hit on his head with the butt of pistol
causing its fracture. Sometime thereafter, on the same day, the
petitioner and other co-accused persons attacked the house of
the informant and resorted to firing and one such shot hit to the
minor nephew of the informant on his leg.
Patna High Court CR. MISC. No.30213 of 2026(2) dt.11-05-2026
2/3
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Only specific allegation is against the co-accused that he
hit the informant on his head with the butt of his pistol but no
injury report of the informant has been brought on record. From
the allegation made in the FIR, it is apparent that there was no
intention to cause death of any person. Even the nephew of the
informant received simple injury and the allegation for causing
injury is non-specific. The petitioner is having antecedent of two
cases and in both the cases he is on bail. The petitioner is
in custody since 30.01.2026 and charge sheet has been
submitted.
05. Learned APP opposes the submission made on
behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
vague and non-specific nature of allegation against the
petitioner, period of custody and submission of charge sheet,
the petitioner above named is directed to be released on bail on
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Additional Sessions Judge-IX, Begusarai/concerned Court in
Patna High Court CR. MISC. No.30213 of 2026(2) dt.11-05-2026
3/3
connection with Bachhwara P.S. Case No. 348 of 2024, subject
to the conditions mentioned in Section 480(3) of B.N.S.S. and
also the following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present
on each and every date fixed by the
court below.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
DKS/-
U T
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