Patna High Court
Mithilesh Kumar @ Mitthu YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied as the court found no reason to overturn its earlier order given the gravity of the offence and the petitioner’s criminal antecedents.
Summary
The petitioner, Mithilesh Kumar, sought regular bail for a case registered under Section 392 of the Indian Penal Code concerning the alleged looting of a motorcycle. This was his second bail application after the Patna High Court had earlier rejected his request on 23‑10‑2024, citing his seven prior criminal antecedents, five of which were pending on bail. The prosecution opposed the bail, emphasizing the gravity of the robbery offence and the petitioner’s criminal history. Justice Sandeep Kumar, after hearing counsel, found no justification to overturn the earlier order and dismissed the bail application. The court also directed the Superintendent of Police, Sheikhpura, to ensure the presence of witnesses in the trial.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offence under Section 392 IPC
- Whether the petitioner’s multiple criminal antecedents justify denial of bail
Legislation cited
- Indian Penal Code — s. 392
Subjects
- bail
- robbery
- Section 392 IPC
- criminal antecedents
- Patna High Court
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59742 of 2025
Arising Out of PS. Case No.-27 Year-2024 Thana- Kusumbha District- Sheikhpura
======================================================
Mithilesh Kumar @ Mitthu Yadav Son of Sanjay Yadav R/o Vill -
Aacharyadih, P.S. - Sikandra, Dist. - Jamui.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Umesh Prasad, Advocate
For the Opposite Party : Mr. Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 10-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Kusumbha P.S.
Case No.27 of 2024 registered for the offence under section 392
of the Indian Penal Code.
3. Earlier, the prayer of the petitioner for grant
of bail was rejected by this Court vide order dated 23.10.2024
passed in Criminal Miscellaneous No.75094 of 2024. The
aforesaid order dated 23.10.2024 reads as under:-
“Heard the learned counsel for the parties.
2. The petitioner seeks regular bail in
connection with Kusumbha P.S. Case No. 27 of
2024, registered for the offence under Section 392 of
the Indian Penal Code.
3. As per the prosecution case, unknown
criminals have looted the motorcycle of the
informant.
Patna High Court CR. MISC. No.59742 of 2025(3) dt.10-02-2026
2/2
4. Learned counsel for the petitioner submits
that petitioner is innocent and has not committed
any offence. Petitioner has seven criminal
antecedents out of which in five cases he is on bail.
During investigation, the name of the petitioner has
come up. Petitioner is in custody since 03.08.2024.
5. Learned A.P.P. has vehemently opposed
the prayer for bail.
6. Considering the fact that the petitioner has
several criminal antecedents, I am not inclined to
grant bail to the petitioner.
7. Accordingly, this application for regular
bail is dismissed.”
4. Considering the gravity of offence and also
the fact that the petitioner has seven criminal antecedents, I see
no reason to review my earlier order dated 23.10.2024.
Accordingly, this bail application is dismissed.
5. The Superintendent of Police, Sheikhpura
directed to ensure the presence of witnesses in the trial.
6. Let a copy of this order be communicated to
the Superintendent of Police, Sheikhpura forthwith through
FAX or e-mail for its compliance.
(Sandeep Kumar, J)
pawan/-
U T
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