Patna High Court
MITHILESH BHAGATversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
Bail was not granted; the petitioner must remain in custody.
Summary
Mithilesh Bhagat was in judicial custody for offences under Sections 379, 341, 324, 307, 504/34 of the Indian Penal Code and Section 27 of the Arms Act, stemming from an alleged shooting incident at his cousin’s marriage. The petitioner sought bail, arguing that the investigation was incomplete. The High Court examined the seriousness of the charges and noted that key witnesses – the investigating officer and the medical officer – had not yet been examined. Considering the gravity of the alleged offences and the pending investigation, the Court refused bail. It directed the trial court to ensure the immediate examination of the investigating officer and medical officer and to expedite the trial to conclusion within nine months. A copy of the order was to be sent to the Superintendent of Police, Saharsa for compliance.
Issues considered
- Whether bail should be granted to the petitioner in view of the serious offences alleged under the IPC and Arms Act
- Whether the trial court should expedite the trial and ensure examination of pending witnesses
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 307, 324, 341, 379, 504/34
Subjects
- bail
- Indian Penal Code
- Arms Act
- judicial custody
- trial expeditious
- firearms offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7609 of 2026
Arising Out of PS. Case No.-23 Year-2024 Thana- SIMRI BAKHTIYARPUR District-
Saharsa
======================================================
MITHILESH BHAGAT S/o Manoj Bhagat @ Manoj Kumar Bhagat Resident
of village- Raypura, ward no 11, Ps - Simri Bakhtiarpur, District- saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Rashmi Jha, Adv.
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 17-04-2026 Heard Mrs. Rashmi Jha, learned counsel for the
petitioner and Mr. Diwakar Prasad Singh representing the
informant besides Mr. Jagdhar Prasad, learned APP.
2. The petitioner is in judicial custody in connection
with Simri Bakhtiarpur P.S. Case No. 23 of 2024 for the offences
punishable under Sections 379, 341, 324, 307, 504/34 of the
Indian Penal Code and Section 27 of Arms Act lodged on
23.01.2024 by the informant, Sachin Kumar.
3. As per the prosecution story, the informant alleged
that in the marriage of cousin sister at the house of Om Prakash
Bhagat while the ceremony was going, this petitioner along with
Rajeev Singh armed with pistol came and after abusing him as to
why he conversed with his sister, he opened fire pumping bullet in
the right chest followed by another one which hit his head. He was
Patna High Court CR. MISC. No.7609 of 2026(3) dt.17-04-2026
2/2
taken to the Surya Hospital, Saharsa for treatment. This led to the
FIR.
4. The Trial Court Report was called for, which shows
that only the Investigating Officer and the Medical Officer are to
be examined.
5. Considering the allegation that has come against the
petitioner, no relief can be extended to him.
6. The bail application is accordingly rejected.
7. The Trial Court is directed to ensure that the
Investigating Officer and the Medical Officer are examined
immediately without fail (if not examined) and further, the trial has
to be expedited and taken to its logical conclusion within a period
of nine months in view of the fact that the petitioner is in custody
since 21.02.2024.
8. Let a copy be sent to the office of the Superintendent
of Police, Saharsa so that appropriate steps be taken to ensure the
presence of the I.O and the Medical Officer before the Trial Court
on the next date of hearing.
9. Office to do the needful.
(Rajiv Roy, J)
Vijay Singh/-
U T
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