Patna High Court
Mithun Giri @ Mithun Kumar GiriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
Mithun Giri was named in an FIR (Benipatti Police Station Case No. 246 of 2024) for the murder of the informant's father. The petitioner sought anticipatory bail, arguing that he was implicated only on suspicion, has no criminal antecedent, and that eyewitnesses identified only Bobby Mishra and Happy Mishra at the scene, one of whom was armed. The informant opposed bail, claiming the petitioner conspired in the killing, citing statements in the case diary. The court examined the evidence, noted the lack of direct involvement of the petitioner, and considered the statutory provision for anticipatory bail. Concluding that the petitioner was merely a suspect, the court granted anticipatory bail subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner who is named in the FIR solely on suspicion
- Whether the material on record justifies denial of bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 3(5), 61(2)
Subjects
- anticipatory bail
- suspicion
- murder
- FIR
- Section 482
- Bhartiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76373 of 2025
Arising Out of PS. Case No.-246 Year-2024 Thana- BENIPATTI District- Madhubani
======================================================
Mithun Giri @ Mithun Kumar Giri Son of Ram Pravesh Giri R/o Village-
Dhanauja, P.S.- Benipatti, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ratna Priya
For the State : Mr.Ajit Kumar
For the informant : Mr. Ankit Raj
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 02-04-2026 1. Heard learned Counsel for the petitioner, learned Counsel
for the informant and learned Additional Public
Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Benipatti Police Station Case No. 246 of 2024, dated
22.10.2024, disclosing offences punishable under
Sections 103(1)/61(2)/3(5) of the Bhartiya Nyaya Sanhita,
2023.
3. The prosecution case, as per the First Information Report
lodged on 22.10.2024, is that the on 20.10.2024, at about
9 PM, co-accused Bobby Mishra @ Vikrant Mishra came
near the house of the informant and started talking loudly
on mobile phone with one Manoj. After sometime, he
Patna High Court CR. MISC. No.76373 of 2025(4) dt.02-04-2026
2/4
went away from there for smoking. On 21.10.2024, again
around 9 PM, co-accused Bobby Mishra called the father
of the informant to meet him, but his father objected.
Further, Manoj called the informant’s father and upon
which, the informant’s father met with them. After
sometime, the brother of the informant received
information that his father was lying in front of the
grocery shop of Raj Kumar and when the informant
reached there, he saw that his father was shot dead and
blood was oozing out.
4. Learned Counsel for the petitioner submits that the
petitioner has not committed any offence in the manner
alleged and he has been named in the First Information
Report on the basis of suspicion only. In course of
investigation, the eye-witness, Chandrakant Jha, has told
that two persons were there on the motorcycle, one of
whom was co-accused Bobby Mishra, having a gun in his
waist, and another one was Happy Mishra, and this
witness saw them fleeing away from the place of
occurrence.
5. On the other hand, learned Counsel for the informant
vehemently opposes the prayer for anticipatory bail and
Patna High Court CR. MISC. No.76373 of 2025(4) dt.02-04-2026
3/4
submits that in the First Information Report itself, strong
belief has been shown by the informant that the petitioner,
along with other accused persons, in conspiracy with each
other, has killed the father of the informant. During
course of investigation, witness Prabhu Narayan Mishra,
in paragraph 20 of the case diary, has stated that the
petitioner, along with others, has conspired to kill the
father of the informant.
6. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the fact that
the petitioner has been made accused on the basis of
suspicion only, he is having no criminal antecedent and at
the place of occurrence, only two persons, Bobby Mishra
and Happy Mishra, were seen by the eye-witness, one of
whom was carrying gun in his waist, I am inclined to
grant the petitioner privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within a period of
four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.76373 of 2025(4) dt.02-04-2026
4/4
Additional Chief Judicial Magistrate-I, Benipatti,
Madhubani, in connection with Benipatti Police Station
Case No. 246 of 2024, subject to the condition laid down
under Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
U √ T √
Checking your session…