Patna High Court
Mithun Kumar @ Mithun MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the bail application, granting bail with conditions.
Summary
The petitioner, Mithun Kumar, was arrested on 28 February 2026 in connection with an industrial police case alleging assault and several offences under Sections 126(2), 115(2), 109, 352, 351(2), 351(3) and 3(5) of the Bihar Negotiable Statutes. The prosecution alleged that the petitioner assaulted the victim, while the defence argued that the petitioner was falsely implicated and that any injury to the victim was minor. The petitioner applied for bail, contending innocence and the simplicity of the injury. The Court examined the nature of the charges and the fact that the petitioner had been in custody for several months, and found no compelling reason to deny bail. Consequently, the Court granted bail on a bond of Rs.10,000 with two sureties and imposed a condition that the petitioner attend Zeromile Police Station every Sunday of each month, with non‑compliance leading to cancellation of bail.
Issues considered
- Whether the petitioner is entitled to bail despite charges under Sections 126(2),115(2),109,352,351(2),351(3) and 3(5) of the Bihar Negotiable Statutes
- Whether the nature and seriousness of the alleged assault justify denial of bail
Legislation cited
- Bihar Negotiable Statutes — s. 109, 115(2), 126(2), 3(5), 351(2), 351(3), 352
Subjects
- bail
- criminal procedure
- assault
- Bihar Negotiable Statutes
- conditions of bail
- attendance requirement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39784 of 2026
Arising Out of PS. Case No.-39 Year-2026 Thana- INDUSTRIAL District- Bhagalpur
======================================================
Mithun Kumar @ Mithun Mandal Son of Late Parmeshwar Mandal Resident
of Village - Meerachak, Police Station - Zeromile, District - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dr. Manoj Kumar
For the Opposite Party/s : Mr.Md. Mushtaque Alam
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 23-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Industrial P.S. Case No. 39 of 2026 registered for the offence
under Sections 126(2), 115(2), 109, 352, 351(2), 351(3), 3(5) of
the BNS.
3. As per the prosecution case, the petitioner is
said to have assaulted the victim.
4. The petitioner is in custody since 28.02.2026.
5. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. He further submits that the injury caused to the victim is
simple in nature.
6. Considering the aforesaid facts, this application
Patna High Court CR. MISC. No.39784 of 2026(2) dt.23-06-2026
2/2
is allowed.
7. 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 concerned Court below in connection with Industrial
P.S. Case No. 39 of 2026.
8. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Zeromile Police Station on every Sunday of each month. Any
default in appearance at the police station will result in
cancellation of bail bonds of the petitioner.
(Sandeep Kumar, J)
Vikas/-
U
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