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Patna High Court

Mithilesh Yadav @ MithunversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court confirmed the provisional bail and granted bail to the petitioner, emphasizing the long custody period, lack of evidence tampering, and cooperation in trial.

Summary

Mithilesh Yadav was arrested in connection with a case registered under IPC sections 386, 307/34 and Arms Act section 27 for allegedly firing indiscriminately to instill fear. He had been in custody since 23 December 2024 and was released on provisional bail on 16 February 2026. The petitioner filed a second bail application, arguing that most trial witnesses had turned hostile and that the informant was of bad character. The State and the informant opposed the bail, citing the seriousness of the offences. The Court, noting the lengthy pre‑bail detention, the absence of any allegation of evidence tampering, and the petitioner’s cooperation in the trial, confirmed the provisional bail and ordered his release on the same bail bonds. The Court clarified that its observations were limited to the bail application and did not prejudice the merits of the trial.

Issues considered

  • Whether the petitioner is entitled to bail despite the seriousness of the offences under IPC and the Arms Act
  • Whether the period of pre‑bail custody and the petitioner’s conduct warrant the grant of bail

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • Arms Act
  • provisional bail
  • hostile witnesses
  • trial cooperation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6160 of 2026
                  Arising Out of PS. Case No.-307 Year-2024 Thana- SAHARSA SADAR District- Saharsa
                 ======================================================
                 Mithilesh Yadav @ Mithun S/o Late Surendra Yadav @ Sulendra Yadav R/o
                 Village - Parasbanni, P.S - Banma Itahari, District - Saharsa

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Subodh Kumar gupta Son of - Late Kaleshwar Pd. sah Resident of village-
                 Behind of Sikshak sangh school, Lakshminath Nagar ward no. 5/40 P.s.-
                 Saharsa , Dist- saharsa

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Chandra Mohan Jha, Advocate
                 For the State          :        Mr.Sanjay Kumar Tiwary, APP
                 For the Informant      :        Mr. Jai Prakash Verma, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   12-05-2026                   Heard learned counsel for the petitioner; learned APP

                   for the State and learned counsel for the informant.

                                 2. This is the second attempt on behalf of the

                   petitioner for grant of bail in connection with Saharsa Sadar P.S.

                   Case No. 307 of 2024 registered for the offence under Sections

                   under Sections 386, 307/34 of the Indian Penal Code and

                   Section 27 of the Arms Act.

                                 3. Earlier the bail application of the petitioner has

                   been rejected vide order dated 18.06.2025 passed in Cr. Misc.

                   No. 37182 of 2025.

                                 4. As per the FIR, the petitioner is said to have fired

                   indiscriminately to instill fear.
Patna High Court CR. MISC. No.6160 of 2026(3) dt.12-05-2026
                                            2/3




                       5. The petitioner is in custody since 23.12.2024.

          While hearing this bail application, the petitioner has been

          released on provisional bail vide order dated 16.02.2026. He has

          remained in custody for one year two months.

                       6. Learned counsel for the petitioner submits that in

          the trial, almost all the witnesses have been examined and

          except one witness, all the witnesses have turned hostile. He

          further submits that the informant is also a bad character and he

          has falsely filed the case.

                       7. Learned APP for the State and learned counsel for

          the informant have opposed the prayer for bail.

                       8. Considering the period of custody, the fact that

          there is no complaint against the petitioner that the petitioner

          has tampered with the evidence or threatened the witnesses after

          being granted provisional bail and the fact that he is co-

          operating in the trial, his application for bail is allowed and

          accordingly, the provisional bail granted to the petitioner vide

          order dated 16.02.2026 is hereby confirmed. The petitioner will

          remain on the same bail bonds furnished by him earlier and he

          will co-operate in the trial.

                       9. It is, however, clarified that the observations made

          herein are limited to the adjudication of the present bail
           Patna High Court CR. MISC. No.6160 of 2026(3) dt.12-05-2026
                                                       3/3




                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                         (Sandeep Kumar, J)

P. Kumar

U     T


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