Patna High Court
Mithun kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Arms Act — s. 25(1-b)a, 26, 35
- Bihar Negotiable Security (BNSS) Act — s. 480(3)
- Indian Penal Code — s. 395, 511
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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