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Patna High Court

Mithlesh Kumar @ MithuversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Regular bail was not granted and the application was dismissed.

Summary

The petitioner, Mithlesh Kumar, was charged under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act for allegedly firing at and killing a person. He applied for regular bail before the Patna High Court, having been in custody since 26 February 2026. The court examined the FIR and noted that the allegations were serious and that prima facie material linked the petitioner to the offence. Considering the gravity of the charges and the presence of prima facie evidence, the court was not inclined to grant bail. Consequently, the application for regular bail was dismissed, with the court emphasizing that its observations were limited to the bail application and would not affect the trial.

Issues considered

  • Whether regular bail can be granted to the petitioner given the seriousness of the offence and the existence of prima facie evidence

Legislation cited

Subjects

  • regular bail
  • murder
  • arms act
  • prima facie evidence
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43158 of 2026
                       Arising Out of PS. Case No.-40 Year-2026 Thana- MANPUR District- Nalanda
                 ======================================================
                 Mithlesh Kumar @ Mithu S/o Narotam Singh @ Narottam Kumar Singh R/o
                 Village - Pawa, PS - Deepnagar, District - Nalanda, Bihar

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Anand
                 For the Opposite Party/s :       Mr. Surendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   02-07-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Manpur P.S. Case No. 40 of 2026 registered for the offence

                   under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita,

                   2023 and Section 27 of the Arms Act.

                                3. From the perusal of the FIR, it appears that the

                   petitioner is the assailant of the deceased. There is a specific and

                   direct allegation against the petitioner that he fired at the

                   deceased, resulting in his death. The petitioner is in custody

                   since 26.02.2026.

                                4. The allegations against the petitioner are serious

                   and grave in nature. There exists prima facie material against

                   the petitioner indicating his involvement in the commission of
            Patna High Court CR. MISC. No.43158 of 2026(2) dt.02-07-2026
                                                        2/2




                      the offence.

                                    5. Considering the nature and the gravity of the

                      offence, this Court is not inclined to grant regular bail to the

                      petitioner.

                                    6. Accordingly, this application for regular bail stands

                      dismissed.

                                    7. 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.



                                                 (Sandeep Kumar, J)
Shishir/-

U       T


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