Patna High Court
Mithun Singh @ Mritunjay Singh @ Mithun Kumar @ Mirtunjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 305, 331(4)
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
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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
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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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