Patna High Court
Mithun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered that the petitioners be released on anticipatory bail subject to the conditions laid down under Section 438(2) Cr.P.C. and Section 482(2) of the Bihar Narcotic and Smuggling Act.
Summary
The petitioners, five residents of Buchchi village, sought anticipatory bail fearing arrest in a case (Nardiganj PS Case No.330 of 2025) that alleged offences under Sections 126(2), 127(2), 118(1), 115(2), 110, 191(1), 192 and 190 of the Bihar Narcotic and Smuggling Act. They contended that the informant’s FIR was vague, omnibus and that the alleged assault on the informant could not have been recorded as described, asserting they have clean antecedents and were falsely implicated. The State opposed the bail, arguing the seriousness of the offences. The Court examined the nature of the allegations, the possibility of the petitioners fleeing or tampering with evidence, and the statutory criteria for anticipatory bail. It granted anticipatory bail, directing the petitioners to surrender within six weeks, furnish bail bonds of Rs 10,000 each with two sureties, and comply with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic and Smuggling Act.
Issues considered
- Whether anticipatory bail can be granted under Section 438 Cr.P.C. in view of the allegations made in the FIR.
- Whether the FIR’s allegations are sufficiently specific to deny bail.
- Whether the petitioners are likely to flee, tamper with evidence or influence witnesses.
- Whether the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2) BNSS are satisfied.
Legislation cited
- Bihar Narcotic and Smuggling Act — s. 110, 115(2), 118(1), 126(2), 127(2), 190, 191(1), 192, 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Narcotic and Smuggling Act
- Criminal Procedure Code
- FIR
- false implication
- bail conditions
- section 438
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4571 of 2026
Arising Out of PS. Case No.-330 Year-2025 Thana- NARDIGANJ District- Nawada
======================================================
1. Mithun Kumar S/o- Rajendra Mahto @ Rajendra Prasad R/o Vill - Buchchi,
P.S - Nardiganj, Dist - Nawada
2. Rajo Mahto @ Rajendra Mahto S/o- Pyare Mahto R/o Vill - Buchchi, P.S -
Nardiganj, Dist - Nawada
3. Pawan Kumar @ Pawan Mahto S/o- Dev Mahto R/o Vill - Buchchi, P.S -
Nardiganj, Dist - Nawada
4. Subodh Prasad @ Subodh Mahto S/o- Kedar Mahto R/o Vill - Buchchi, P.S -
Nardiganj, Dist - Nawada
5. Guddu Mahto @ Rajeev Kumar S/o- Late Tuleshwar Mahto R/o Vill -
Buchchi, P.S - Nardiganj, Dist - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-02-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
127(2), 118(1), 115(2), 110, 191(1), 192 and 190 of the BNS.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and the informant
alleges that he was going to attend a programme when he was
intercepted by 30-40 accused persons and Bittu Kumar with
khanti and Ranjit Kumar with gandasa assaulted him on his
Patna High Court CR. MISC. No.4571 of 2026(2) dt.02-02-2026
2/3
head and thereafter 22 named accused persons including the
petitioners assaulted him by lathi, danda and butt of rifle.
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is further submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that
allegation of assault against the petitioners is general and
omnibus in nature. It is next submitted that had so many accused
assaulted the informant in the manner as alleged in the FIR in
that event the informant would not have been in a position to get
the FIR instituted based on a written application after a day of
the occurrence rather the FIR would have been instituted in the
hospital based on his fardbeyan. It is also submitted that from
the side of the petitioners also Nardiganj P.S. Case No. 329 of
2025 was instituted against the informant and his side in which
it was alleged that informant along with others have brutally
assaulted Bittu Kumar as would manifest from Annexure-4
serious to the anticipatory bail application. It is further
submitted that petitioners are not the criminals.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
Patna High Court CR. MISC. No.4571 of 2026(2) dt.02-02-2026
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counsel for the petitioners, let the petitioners above-named, in
the event of their arrest or surrender before the learned trial
court within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/Successor Court in connection with
Nardiganj P.S. Case No. 330 of 2025, subject to the conditions
as laid down under Section 438(2) of the Cr.P.C./482(2) of the
BNSS.
(Satyavrat Verma, J)
Kundan/-
U T
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