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Patna High Court

Mithun Singh @ Mritunjay Singh @ Mithun Kumar @ Mirtunjay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, subject to a cash bond and specified conditions.

Summary

Mithun Singh was arrested in connection with a burglary and theft case (Naugachia P.S. Case No. 35 of 2025) alleged under Sections 331(4) and 305 of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that thieves broke into a house and stole cash and jewellery, but the petitioner claimed he was falsely implicated, not named in the FIR, and no stolen articles or incriminating material were found in his possession. He had been in custody since 5 May 2025 and possessed sixteen prior criminal antecedents. The State opposed bail, while the petitioner’s counsel argued that the arrest was based merely on suspicion and secret information. Considering the lack of material evidence, the period of custody, and the fact that a co‑accused had been granted bail, the Court inclined to grant bail subject to a cash bond of Rs. 15,000 with two sureties and several conditions regarding appearance, non‑tampering with evidence, and non‑absconding.

Issues considered

  • Whether bail should be granted to the petitioner under Sections 331(4) and 305 of the Bharatiya Nyaya Sanhita, 2023 given the nature of the offences and the circumstances of arrest.
  • Whether the petitioner’s custody period and lack of incriminating material justify bail despite his prior criminal antecedents.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Section 331(4)
  • Section 305
  • custody
  • prior criminal antecedents
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79728 of 2025
                    Arising Out of PS. Case No.-35 Year-2025 Thana- NAUGACHIA District- Bhagalpur
                 ======================================================
                 Mithun Singh @ Mritunjay Singh @ Mithun Kumar @ Mirtunjay Kumar Son
                 of Dayanand Singh R/o Village - Mil Tola, P.S. - Naugachia, Dist. -
                 Bhagalpur.
                                                                       ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rajesh Kumar, Advocate
                 For the Opposite Party/s :      Mrs. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   09-02-2026                        Heard learned counsel for the petitioner, learned

                   APP for the State and perused the case diary.

                                2. The petitioner seeks bail in connection with

                   Naugachia P.S. Case No. 35 of 2025, instituted for the offences

                   punishable under Sections 331(4) and 305 of the Bharatiya

                   Nyaya Sanhita, 2023.

                                3. The prosecution case, in short, is that while the

                   informant was not present in his hometown, unknown thieves

                   broke open the door and entered into his house and had stolen

                   cash of Rs. 1 lakh along with various gold and silver ornaments

                   belonging to his wife and daughter.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. Charge-sheet has been submitted in this case. No
Patna High Court CR. MISC. No.79728 of 2025(3) dt.09-02-2026
                                            2/3




          incriminating material has been recovered from the conscious

          possession of the petitioner. Learned counsel for the petitioner

          also submitted that the petitioner is not named in the FIR. Name

          of the petitioner has transpired in this case on the basis of secret

          information received by the police. It is next submitted that

          neither any stolen article has been recovered from the

          possession of the petitioner nor any T.I. parade has been

          conducted in this case. The petitioner has been arrested only on

          the basis of suspicion. The petitioner is in custody since

          05.05.2025 and has got sixteen criminal antecedents. Learned

          counsel for the petitioner further submitted that other co-

          accused has been granted regular bail by this Court vide order

          dated 09.10.2025 passed in Cr. Misc. No. 71110 of 2025.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and taking into account the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.

                       7. Let the petitioner be released on bail after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the
             Patna High Court CR. MISC. No.79728 of 2025(3) dt.09-02-2026
                                                         3/3




                       like amount each to the satisfaction of Court below/concerned

                       Court in connection with Naugachia P.S. Case No. 35 of 2025,

                       subject to the following conditions:

                                     (I) One of the bailors shall be own/close member of

                       the family of the petitioner.

                                     (II) The petitioner shall appear on each and every date

                       fixed at the trial. In case of default in such appearance on two

                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.

                                     (III) The petitioner will not tamper with the evidence

                       or the witnesses during the trial.

                                     (IV) Petitioner shall not commit offence of similar

                       nature in future.

                                     (V) The petitioner shall not leave the territorial

                       jurisdiction of the learned Court below without taking prior

                       permission of the Court concerned.

                                     If any of the above conditions are violated, the Trial

                       Court shall be at liberty to cancel the bail bonds of the

                       petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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