Patna High Court
Mithu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond of Rs.10,000 and specified conditions.
Summary
Mithu Kumar was arrested on 4 September 2025 in connection with a theft case (Shivajinagar PS Case No. 59 of 2025) under Sections 331(4), 305 and 3(5) of the Bihar Narcotic Substances Act, 2023. The petitioner claimed a clean antecedent, alleged false implication, and pointed out that no material had been recovered from his possession and no turnover in possession (T.I.P) had been conducted. The prosecution opposed bail, arguing the seriousness of the offences. The court noted the absence of any T.I.P, the petitioner’s clean record, and the lack of recovered evidence, and therefore ordered his release on bail. Bail was granted on a bond of Rs.10,000 with two sureties and several conditions, including cooperation with the trial and non‑tampering with evidence.
Issues considered
- Whether bail should be granted to the accused in a theft case under Sections 331(4), 305 and 3(5) of the Bihar Narcotic Substances Act, 2023 given the facts of the case.
- Whether the absence of turnover in possession (T.I.P) and the petitioner’s clean antecedent justify bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 305, 331(4), 3(5)
Subjects
- bail
- theft
- pre‑trial detention
- clean antecedent
- turnover in possession
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3502 of 2026
Arising Out of PS. Case No.-59 Year-2025 Thana- SHIVAJINAGAR District- Samastipur
======================================================
Mithu Kumar Son of Ram Varan Mandal Resident of village -Akhatwara P.S
-Shivajinagar District -Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gaurav Kumar, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-01-2026 Heard Mr. Gaurav Kumar, learned counsel for the
petitioner and Mr. Umanath Mishra, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
04.09.2025 in connection with Shivajinagar P.S. Case No. 59 of
2025, F.I.R. dated 03.09.2025 for the offences punishable under
Sections 331(4), 305 and 3(5) of the BNS, 2023.
3. According to prosecution case, this petitioner along
with other accused persons have committed theft in the house of
the informant during his absence and stolen several household
articles including bike.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that the
Patna High Court CR. MISC. No.3502 of 2026(2) dt.27-01-2026
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petitioner is named in the F.I.R. Nothing has been recovered
from the conscious possession of the petitioner and till date no
T.I.P has been conducted by the prosecution. He further submits
that the police after investigation submitted the charge sheet
against the petitioner. The petitioner is in custody since
04.09.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent and till date no T.I.P has
been conducted by the prosecution, let the petitioner, above
named, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned ACJM 1 st , Rosera in
connection with Shivajinagar P.S. Case No. 59 of 2025, subject
to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
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witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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