Patna High Court
Mithlesh Kumar @ MithuversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 3(5)
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
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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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