Patna High Court
Mithilesh Kumar @ Mithilesh Kumar RayversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that bail could not be granted because of the nature and gravity of the offences and the petitioner’s participation as an assailant.
Summary
Mithilesh Kumar Ray applied for regular bail in a criminal miscellaneous case (No. 81774 of 2025) registered under several sections of the B.N.S., 2023. The prosecution alleged that on 4 May 2025 the petitioner, along with co‑accused, looted cash and brutally assaulted the informant's grandfather, who later died while receiving treatment. The petitioner contended that he was entitled to bail pending trial. The Court examined the nature and gravity of the offences, noting that the petitioner was directly involved in the assault leading to death. Considering the seriousness of the charges and the petitioner’s role as an assailant, the Court declined to grant bail. However, the Court directed the trial court to expedite the trial as the petitioner had been in custody since 19 August 2025.
Issues considered
- Whether the petitioner is entitled to regular bail in a case involving serious offences including assault leading to death
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 117(2), 118(1), 127(1), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- serious offences
- assault
- homicide
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81774 of 2025
Arising Out of PS. Case No.-194 Year-2025 Thana- BANIAPUR District- Saran
======================================================
Mithilesh Kumar @ Mithilesh Kumar Ray S/o Surender Ray Resident of
Village - Khabga, P.S - Baniyapur, District - Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vipin Kumar Singh, Advocate
For the Opposite Party/s : Mr. Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 30-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in a case registered
for the offences under Sections 127(1), 115(2), 118(1), 117(2),
109, 351(2), 352, 3(5) of the B.N.S., 2023.
3. As per the prosecution case, the informant alleged
that on 04.05.2025, the petitioner and other accused persons
looted cash and brutally assaulted the grand-father of the
informant due to which his grand-father died during the course
of the treatment.
4. Considering the nature and gravity of the offence
and the fact that the petitioner is one of the assailant, I am not
inclined to grant bail to the petitioner, and the same is
accordingly rejected.
Patna High Court CR. MISC. No.81774 of 2025(3) dt.30-01-2026
2/2
5. However, since the petitioner is in custody since
19.08.2025, the trial Court is directed to expedite the trial.
(Prabhat Kumar Singh, J)
khushbu/-
U T
Checking your session…