Patna High Court
Mithun Chaudhary @ Mithun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner, subject to a bail bond, sureties and conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Mithun Chaudhary, sought anticipatory bail fearing arrest in a case registered under Sections 317(5), 303(2), 317(2) and 3(5) of the B.N.S., 2023. He claimed he was falsely implicated, stating that the informant’s cultivator was stolen and three accused, after being caught, named him, though he was not present at the scene. The petitioner assured the court he would not abscond and would cooperate with the investigation. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the submissions, ordered that the petitioner be released on anticipatory bail if arrested or surrendered within six weeks, upon furnishing a bail bond of Rs.25,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S. The order was pronounced by Justice Satyavrat Verma.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances alleged.
- Whether the allegations of false implication merit the grant of bail.
- Whether the conditions imposed under Section 482(2) are sufficient to safeguard the investigation.
Legislation cited
- B.N.S., 2023 — s. 303(2), 317(2), 317(5), 3(5)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- false implication
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86132 of 2025
Arising Out of PS. Case No.-220 Year-2025 Thana- GORADIH District- Bhagalpur
======================================================
Mithun Chaudhary @ Mithun Kumar S/o Ganauri Chaudhary R/o village -
Bade Hasanpur (Saidpur), P.S - Jagdishpur, District - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Swapnil Kumar Singh
For the Opposite Party/s : Mr. Arun Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-01-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 317(5),
303(2), 317(2) and 3(5) of the B.N.S., 2023.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and the informant alleges
that his cultivator was stolen by unknown accused but three
accused were caught by villagers, who disclosed the name of
petitioner who fled.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that petitioner was not arrested
from the place of occurrence nor was apprehended by the
Patna High Court CR. MISC. No.86132 of 2025(2) dt.19-01-2026
2/2
villager and his name transpired in the confessional statement of
apprehended accused by the villagers. It is further submitted that
petitioner will not abscond rather will cooperate in the
investigation to prove his innocence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs.25,000/-
(Rupees Twenty Five Thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Goradih
P.S. Case No.220/2025, subject to the conditions as laid down
under Section 482(2) B.N.S.S.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…