Patna High Court
Mithun AliversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail was dismissed.
Summary
Mithun Ali was arrested in connection with a robbery and dishonest misappropriation of Rs. 2,00,000, alleged under Sections 392 and 411 of the Indian Penal Code. One of the actual perpetrators was caught and, in his self‑incriminatory statement, identified the petitioner as an accomplice. The petitioner, who has been in custody since 17 November 2025 and claims a clean antecedent, applied for regular bail, asserting his innocence. The State opposed the bail application. The Patna High Court, after noting the seriousness of the allegations, dismissed the petition for regular bail, emphasizing that its observations were only prima facie and would not affect the trial. Consequently, the petitioner remains in custody pending trial.
Issues considered
- Whether the petitioner is entitled to regular bail in a case involving alleged robbery and dishonest misappropriation under Sections 392 and 411 IPC.
Legislation cited
- Indian Penal Code — s. 392, 411
Subjects
- regular bail
- robbery
- dishonest misappropriation
- IPC Section 392
- IPC Section 411
- self‑incriminatory statement
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5682 of 2026
Arising Out of PS. Case No.-64 Year-2017 Thana- ABADPUR District- Katihar
======================================================
Mithun Ali S/o Sirajuddin R/o Village - Bistupumolik Para, Bishtopur Mallik
Para, P.S - Chanchal, District - Malda, State - West Bengal
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 09-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Abadpur P.S. Case No. 64 of 2017, registered for the offence
under Sections 392 and 411 of the Indian Penal Code.
3. Two criminals committed loot of Rs. 2,00,000/-
from the informant. One person was caught on the spot and he
has named the petitioner in his self- inculpatory statement. The
money was recovered from the person who was caught on the
spot.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 17.11.2025 and has clean
antecedent.
Patna High Court CR. MISC. No.5682 of 2026(4) dt.09-04-2026
2/2
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the nature of allegation as alleged
against the petitioner, this application for grant of regular bail is
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)
Ranjeet/-
U T
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