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Patna High Court

Mithun kumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, directing release on bond with conditions.

Summary

The petitioner, Mithun Kumar, was arrested in connection with a robbery and assault case (PS Case No. 42 of 2022) involving alleged offences under Sections 395 and 511 of the IPC and Sections 25(1‑b)a, 26 and 35 of the Arms Act. The prosecution’s case was based mainly on the confessional statement of a co‑accused, with no material seized from the petitioner. The petitioner argued that he was falsely implicated, had no incriminating evidence against him, and was already on bail in two other cases. The State opposed bail. Considering the lack of direct evidence, the petitioner’s custody since February, and the submission of the charge‑sheet, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS. The bail order includes requirements for attendance and potential cancellation for non‑compliance.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the IPC and Arms Act
  • Whether the confessional statement of a co‑accused alone suffices to justify continued detention

Legislation cited

Subjects

  • bail
  • IPC
  • Arms Act
  • false implication
  • confessional statement
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30366 of 2026
                   Arising Out of PS. Case No.-42 Year-2022 Thana- HARSIDHI District- East Champaran
                 ======================================================
                 Mithun kumar Son of Surender Ram @ Surendra Ram Resident of village-
                 Jaga Pakad, Ps- Harsiddhi, Dist- East Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr. Md. Fahimuddin, 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 in connection with Harsiddhi P.S. Case No. 42

                   of 2022 registered for the alleged offences under Sections 395,

                   511 of the Indian Penal Code and Section 25(1-b)a, 26, 35 of the

                   Arms Act.

                                03. As per prosecution case, six miscreants on their

                   motorcycles accosted the informant, threatened him at gunpoint

                   and demanded his belongings. Some scuffle took place and a

                   country made pistol, two cartridges and a mobile phone fell

                   down from one of the miscreants when the informant snatched

                   his jacket in the scuffle. The name of the petitioner transpired

                   during investigation for being involved in the said occurrence.
Patna High Court CR. MISC. No.30366 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. Nothing incriminating has been recovered from the person

          or possession of the petitioner and he has been roped in the

          present case on the basis of confessional statement of co-

          accused Ankit Kumar. Except for this confessional statement,

          there is no other material to show the complicity of the

          petitioner in the alleged offence. The petitioner is having

          antecedent of two cases and is on bail in both the cases. The

          petitioner is in custody since 09.02.2026 and charge-sheet has

          been submitted.

                       05. Learned APP for the State 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

          period of custody of the petitioner along with 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 Chief Judicial Magistrate,             East

          Champaran, Motihari/court concerned in connection with

          Harsiddhi P.S. Case No. 42 of 2022, subject to the conditions
           Patna High Court CR. MISC. No.30366 of 2026(2) dt.11-05-2026
                                                       3/3




                     mentioned in Section 480(3) of BNSS and 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)
Ashish/-

U      T


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