Created by Fuzzy Cloud

Patna High Court

Mithun KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner with a bond of Rs.10,000 and specific conditions.

Summary

Mithun Kumar was arrested on 9 March 2025 in connection with a FIR dated 1 March 2025 alleging offences under Sections 85, 74, 89 and 351(2) of the Bihar Narcotic Substances Act, 2023, including alleged assault, abortion of the informant’s pregnancies and a physical relationship. The petitioner claimed he was falsely implicated, highlighted a two‑month delay in filing the FIR without explanation, and expressed willingness to keep the informant as his wife. The State and the informant opposed bail, contending that the petitioner had assaulted the victim and had other pending cases. The Court considered the delay, the nature of the allegations, and the petitioner’s period of custody, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to strict conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented by the Judicial Magistrate, 1st Class, Vaishali.

Issues considered

  • What is the appropriateness of granting bail to the petitioner given the alleged offences and the two‑month delay in filing the FIR?
  • Whether the petitioner’s alleged criminal antecedents and the seriousness of the accusations warrant denial of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • false implication
  • delay in FIR
  • assault
  • marriage
  • abortion
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.53715 of 2025
                       Arising Out of PS. Case No.-90 Year-2025 Thana- VAISHALI District- Vaishali
                 ======================================================
                 Mithun Kumar S/o Raj Narayan Ray Vill.- Rahimpur, P.S.- Vaishali, Distt.-
                 Vaishali

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Vigan Kumari S/o Chadrama Raut Vill.- Masrak Gopalvari, PS- Masrak,
                 Distt.- Chapra

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Anuj Kumar, Advocate
                 For the Opposite Party/s :        Ms. Pushpa Sinha, APP
                 For the Informant        :        Mr. Ujjawal Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

6   16-03-2026                  Heard Mr. Anuj Kumar, learned counsel for the

                   petitioner, Mr. Ujjawal Kumar Singh, learned counsel for the

                   informant and Ms. Pushpa Sinha, learned A.P.P. for the State.

                                2. The petitioner seeks bail, who is in custody since

                   09.03.2025 in connection with Vaishali P.S. Case No. 90 of

                   2025, F.I.R. dated 01.03.2025 registered for the offence

                   punishable under Sections 85, 74, 89, 351(2) of the B.N.S.,

                   2023.

                                3. The prosecution case in brief is that the petitioner

                   had married with the informant and established physical

                   relationship with her and aborted her pregnancy two times and

                   also assaulted her.
Patna High Court CR. MISC. No.53715 of 2025(6) dt.16-03-2026
                                            2/3




                       4. Learned counsel appearing for the petitioner

          submits that the petitioner has falsely been implicated in the

          present case and the petitioner has not committed any offence as

          alleged in the FIR. It appears from the FIR that the date of

          occurrence as alleged in the FIR is 18.12.2024 but the present

          FIR was instituted on 01.03.2025 after delay of about two

          months without giving any explanation for such delay. Learned

          counsel for the petitioner on instructions submit that the

          petitioner is ready to keep the informant as his wife. The

          petitioner is in custody since 09.03.2025.

                        5. Learned A.P.P. for the State as well as learned

          counsel for the informant, on the other hand, have vehemently

          opposed the prayer for bail of the petitioner and submits that the

          petitioner has assaulted to the victim and the petitioner carries

          two more cases other than the present one.

                       6. Considering the aforesaid facts and circumstances

          of the case and period of custody of the petitioner, 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 learned Judicial

          Magistrate, 1st Class, Vaishali at Hajipur in connection with

          Vaishali P.S. Case No. 90 of 2025, with the following
            Patna High Court CR. MISC. No.53715 of 2025(6) dt.16-03-2026
                                                        3/3




                      conditions:-

                                   (I) Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the Court

                      and shall remain physically present as directed by the Court and

                      on his/her absence on two consecutive dates without sufficient

                      reason, his/her bail bond shall be cancelled by the Court below.

                                   (II) If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to move

                      for cancellation of bail.

                                   (III) And, further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage, it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.


                                                 (Rajesh Kumar Verma, J)

Ranjeet/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.