Patna High Court
Mithun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Mithun Kumar, was arrested in connection with a double murder alleged to have occurred on 12 June 2024, where the accused allegedly stopped a motorcycle and fired indiscriminately, killing the informant and his associate. The charges include offences under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner’s counsel argued that he was falsely implicated, that the FIR contains only a general allegation with no specific overt act attributed to him, and highlighted his four prior criminal antecedents. The State, represented by an Assistant Public Prosecutor, opposed bail, emphasizing the grave and heinous nature of the offence and the public‑place shooting. After considering the seriousness of the offences, the evidence on record, and the petitioner’s antecedents, the Court declined to grant bail. Consequently, the petition for bail was rejected.
Issues considered
- Whether bail should be granted to an accused in a double murder case under IPC Sections 302/34 and Arms Act Section 27, considering the seriousness of the offence and the petitioner’s criminal antecedents.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC 302
- IPC 34
- Arms Act 27
- double murder
- criminal antecedents
- public place shooting
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39787 of 2025
Arising Out of PS. Case No.-336 Year-2024 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Mithun Kumar S/o Late Byash Ray R/o Vill- Bintolia Ratanpur, P.S.- Chapra
Mufassil, Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anjani Parashar, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
For the Informant : Mr. Jitendra Narayan, Advocate
Mr. Ashwani Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
4 06-02-2026 Heard Mr. Anjani Parashar, learned counsel for the
petitioner; Mr. Jitendra Narayan, learned counsel for the
informant and Mr. Choubey Jawahar, learned APP for the State.
Perused the case diary.
2. The petitioner seeks bail in connection with Chapra
Mufassil P.S. Case No. 336 of 2024 instituted for the offences
under Sections 302/34 of the Indian Penal Code and Section 27
of the Arms Act.
3. Prosecution case, in short, is that on 12.06.2024 at
about 6:45 AM near Sardha Dhudhaiya Bridge, the accused
persons stopped the motorcycle of the informant and fired
indiscriminately, causing fatal injuries to him and his associate
Patna High Court CR. MISC. No.39787 of 2025(4) dt.06-02-2026
2/2
Sunil Kumar, who were declared dead at Sadar Hospital,
Chapra.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case.
Learned counsel for the petitioner submitted that general and
omnibus allegation has been made against the petitioner. No
specific overt act is alleged against the petitioner. It has been
submitted on behalf of the petitioner that the petitioner is in
custody since 16.12.2024 and has four criminal antecedents.
5. Learned A.P.P. for the State and learned counsel for
the informant vehemently opposed the prayer for grant of bail. It
is submitted that the petitioner is named in the F.I.R. and the
occurrence is of a grave and heinous nature involving double
murder by indiscriminate firing in a public place.
6. Considering the aforesaid facts and circumstances
of the case as also nature and gravity of offence, this Court is
not inclined to grant bail to the petitioner at this stage.
7. Accordingly, the prayer for grant of bail to the
petitioner is, hereby, rejected.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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