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Patna High Court

Mithlesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

The court held that the petitioner had made out a prima facie case for bail and therefore granted bail.

Summary

Mithlesh Yadav applied for regular bail in a case arising from a land dispute, charged under multiple sections of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The prosecution alleged that he opened fire and struck the informant with an iron rod, causing a fracture, but the injury report did not corroborate the fracture and a counter‑version indicated injuries to the informant’s wife. The court noted that the firearm allegation was uncorroborated and that the evidence suggested a two‑sided altercation. Considering the lack of substantive proof, the court held that the petitioner had made out a prima facie case for bail. Accordingly, bail was granted on the condition of a Rs.10,000 bond with two sureties, with a disclaimer that the observations were only for the bail application and not on the merits of the trial.

Issues considered

  • Whether the petitioner is entitled to regular bail despite charges under the Bharatiya Nyaya Sanhita and the Arms Act.
  • Whether the prosecution evidence sufficiently substantiates the allegations of firing a weapon and causing a fracture.
  • Whether the land‑dispute motive and conflicting injury reports affect the bail decision.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • assault
  • land dispute
  • prima facie
  • evidence
  • injury report

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33504 of 2026
                 Arising Out of PS. Case No.-36 Year-2026 Thana- MAGADH UNIVERSITY District- Gaya
                 ======================================================
                 Mithlesh Yadav S/o Keshar Yadav Resident of Village- Turi Bujurg, P.S.-
                 Magadh University, District- Gaya
                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Chandra Kant, Advocate
                 For the Opposite Party/s :     Mr. Bishweshwar Ram, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

3   27-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Magadh University P.S. Case No. 36 of 2026, registered under

                   Sections 115(2), 126(2), 117(2), 109, 351(2), 351(3) and 3(5) of

                   the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.

                                3. As per the prosecution case, the allegation is that

                   six persons surrounded and assaulted the informant. Mithilesh

                   Yadav, the petitioner, is alleged to have opened fire. The bullet,

                   however, did not hit the informant. The informant further states

                   that the petitioner thereafter struck him with an iron rod on his

                   left hand, resulting in a fracture.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in the
Patna High Court CR. MISC. No.33504 of 2026(3) dt.27-05-2026
                                            2/3




          present case. He draws attention to the injury report of

          Parmeshwar Prasad which is on record. The said report does not

          show any injury on the left hand of the informant. Learned

          counsel further submits that there is a counter version in which

          the wife of the informant also sustained injuries and that the

          cause of the occurrence is attributed to a land dispute between

          the parties. Petitioner has been in custody since 12.02.2026.

                       5. Learned APP for the State as well as the informant

          have vehemently opposed the prayer for bail.

                       6. This Court has considered the submissions

          advanced on behalf of the respective parties. The prosecution

          allegation, as it stands, has arisen out of a land dispute between

          the parties. The injury report of Parmeshwar Prasad, which is on

          record, does not corroborate the specific allegation of fracture of

          the left hand attributed to the petitioner. The counter version, in

          which the wife of the informant is also stated to have sustained

          injuries, lends weight to the plea that the occurrence was two-

          sided and that the role attributed to the petitioner has been

          overstated. As regards the charge under Section 27 of the Arms

          Act, the prosecution case itself does not allege that any person

          was hit by the bullet. The firearm allegation therefore remains

          uncorroborated at this stage. Taking into account the totality of
            Patna High Court CR. MISC. No.33504 of 2026(3) dt.27-05-2026
                                                        3/3




                      circumstances, this Court is of the prima facie opinion that the

                      petitioner has made out a case for bail. This application is

                      accordingly allowed.

                                   7. Accordingly, let the petitioner above named be

                      released on bail on furnishing bail bonds of Rs. 10,000/-

                      (Rupees Ten Thousand Only) with two sureties of the like

                      amount each to the satisfaction of the learned Chief Judicial

                      Magistrate, Gaya, or the concerned court below, in connection

                      with Magadh University P.S. Case No. 36 of 2026.

                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.


                                                       (Ansul, J)

Ranjeet/-

U      T


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