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Patna High Court

Muthhu Kumar @ Mitthu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
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                       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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