Patna High Court
Mithun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Narcotic Substances Act, 2023 — s. 351(2), 74, 85, 89
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
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