Patna High Court
Mithlesh Singh @ Mithlesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The petitioner is entitled to bail as there is no direct evidence against him and co‑accused have been granted bail.
Summary
The petitioner, Mithlesh Singh, sought bail in a case under Sections 103(1) and 61(2) of the Bihar Narcotic Substances Act, 2023, relating to the murder of an informant's father. The prosecution alleged that the petitioner, while incarcerated, directed co‑accused Agam and Alok Kumar to commit the offence, but the FIR named only unknown persons and the petitioner’s involvement emerged only through co‑accused confessions. The petitioner argued that he was in jail at the time of the crime, that no one visited him in Vaishali jail, and that all co‑accused have already been granted regular or anticipatory bail by various benches of the same court. The State opposed bail citing material against the petitioner and his criminal antecedents, though the petitioner was already on bail in other matters. Considering the absence of direct evidence, the bail granted to similarly situated co‑accused, and the petitioner’s custody since 25‑06‑2025, the court ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to personal appearance conditions.
Issues considered
- Whether the petitioner is entitled to bail under Sections 103(1) and 61(2) of the B.N.S. 2023 in the absence of direct evidence linking him to the offence.
- Whether the bail granted to co‑accused persons influences the petitioner's right to bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 61(2)
Subjects
- bail
- criminal procedure
- anticipatory bail
- co‑accused
- section 103 B.N.S.
- section 61 B.N.S.
- evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74157 of 2025
Arising Out of PS. Case No.-36 Year-2025 Thana- Jaitpur District- Muzaffarpur
======================================================
Mithlesh Singh @ Mithlesh Kumar Singh S/O Late Awdhesh Singh @ Late
Awdhesh Prasad Singh R/O Village- Nawada, P.S- Saraiya (Jaitpur), Dist.-
Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Ankita Kumari, Advocate
Mr. Krishna Gopal Abhay, Advocate
Mr. Aditya Prakash, Advocate
For the State : Mr. Pranav Kumar, A.P.P.
Mr. J. N. Thakur, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 11-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 103 (1) and 61 (2) of B.N.S. 2023.
3. As per the prosecution case, father of the informant was
shot dead by unknown persons.
4. Learned counsel for the petitioner has submitted that
the First Information Report was lodged against unknown and the
name of the petitioner transpired during the course of investigation in
the confessional statement of other co-accused persons. It has been
submitted that, as a matter of fact, the petitioner was behind bars at
the relevant time of occurrence and it has been alleged against him
that two persons namely Agam and Alok Kumar @ Bittu had gone
Patna High Court CR. MISC. No.74157 of 2025(4) dt.11-02-2026
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to meet him in jail and had taken orders from him for committing the
said offence. However, by an information sought by way of R.T.I, it
would feature that on the alleged date no one had gone to meet the
petitioner in Vaishali jail. Further, the two co-accused persons, who
are said to have met the petitioner, one of them Alok Kumar @ Bittu,
has been granted bail by a Co-ordinate Bench of this Court, vide
order dated 31.01.2026 passed in Cr. Misc. No. 44234 of 2025 and
the other accused Agam Kumar has been granted the privilege of
anticipatory bail vide order dated 10.02.2025 passed in Cr. Misc. No.
89033 of 2025. The case of the petitioner definitely stands on a much
better footing. Besides these accused persons, even other co-accused
persons namely Abhishek Pandey and Vishal Kumar have also been
released on bail by different Co-ordinate Benches of this Court vide
order dated 18.09.2025 passed in Cr. Misc. No. 65088 of 2025 and
vide order dated 19.11.2025 passed in Cr. Misc. No. 71764 of 2025
respectively. Petitioner is languishing in custody since 25.06.2025
and charge sheet has already been submitted.
5. Learned APP for the State opposes the bail petition on
the ground that there are materials against the petitioner and also
there are several criminal antecedents. In response, however, it has
been submitted that the petitioner is on bail in all the other cases.
6. Taking the rival contention into consideration and
further considering the fact that there is no direct allegations or
evidence available against the petitioner with regard to commission
Patna High Court CR. MISC. No.74157 of 2025(4) dt.11-02-2026
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of the offence in question, coupled with the fact that the other
similarly situated co-accused persons have granted
regular/anticipatory bail by different benches of this Court, the above
named petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Court below where
the case is pending/successor Court in connection with Jaipur P.S.
Case No. of 36 of 2025, subject to the condition that :
(i) The petitioner shall remain physically present in court
on each and every date till charges are framed and in the event of
failure on two consecutive dates without sufficient reasons, his bail
bonds shall be liable to be cancelled by the learned court concerned.
(Soni Shrivastava, J)
vashudha/-
U T
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