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Patna High Court

Mithlesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that continued pre‑trial detention would be punitive and violative of Article 21, and therefore granted bail subject to conditions.

Summary

Mithlesh Kumar was arrested in connection with a murder case (IPC sections 302, 201, 34) and an offence under Section 3(2)(v) of the SC/ST Act. The trial court had earlier denied regular bail, allowing a re‑application after six months. The petitioner argued that no prosecution witness had been examined, the trial was likely to take up to a year, and his continued custody would amount to punitive pre‑trial incarceration contrary to Article 21. The State opposed bail. After reviewing a trial‑stage report showing ten prosecution witnesses yet to be examined, the High Court found that the petitioner had no criminal antecedents and that his detention served no purpose, and therefore granted bail with monetary and personal surety conditions and standard non‑tampering and appearance requirements.

Issues considered

  • Whether bail should be granted to an accused charged with murder, abetment of suicide and an offence under the SC/ST Act when no prosecution witnesses have been examined and the trial is expected to take up to a year.
  • Whether continued pre‑trial detention violates the right to liberty under Article 21 of the Constitution.

Legislation cited

Subjects

  • bail
  • pre‑trial detention
  • Article 21
  • IPC
  • SC/ST Act
  • murder
  • conspiracy
  • trial delay

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86294 of 2025
                    Arising Out of PS. Case No.-68 Year-2024 Thana- MOHANPUR District- Samastipur
                 ======================================================
                 Mithlesh Kumar S/O Subindra Rai Resident of Village- Jalalpur Ward No. 7,
                 P.S.- Mohanpur, District- Samastipur
                                                                           ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Pramod Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr.Binay Krishna, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

5   03-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2.         The petitioner seeks bail in connection with

                   S.Tr. No. 676 of 2024, arising out of Mohanpur P.S. Case No. 68

                   of 2024, instituted for the offence under Sections 302, 201, 34

                   of the Indian Penal Code and Section 3(2)(v) of the SC/ST Act.

                                   3. Earlier vide order dated 29.01.2025 passed in Cr.

                   Appeal (SJ) No. 4428 of 2024, regular bail of the petitioner was

                   rejected by this Bench considering the involvement of the

                   petitioner in the commission of the offence, with a liberty to

                   renew the prayer after six months if the trial is not concluded.

                                   4. Learned counsel for the petitioner submits that

                   earlier the F.I.R. has been registered u/s 302, 201, 34 of the

                   Indian Penal Code and Section 3(2)(v) of the SC/ST Act. But,
Patna High Court CR. MISC. No.86294 of 2025(5) dt.03-04-2026
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          learned Court below has taken cognizance u/s 302 and 201/34 of

          the Indian Penal Code on 26.09.2024. It is mainly submitted that

          charge in this case is framed, but till date no prosecution witness

          has been examined. It has been submitted on behalf of the

          petitioner that the petitioner is in custody since 03.07.2024 and

          petitioner has no criminal antecedent. Learned counsel further

          submits that there is no likelihood of the trial being concluded in

          the near future. He further submits that petitioner is not named

          in the F.I.R., during the course of investigation the petitioner has

          been arrested in this case and confessed his guilt before the

          Police, which has no evidentiary value in the eye of law.

          Learned counsel for the petitioner further submits that other co-

          accused has been granted bail by a Co-ordinate Bench of this

          Court vide order dated 04.11.2025 passed in Cr. Misc. No.

          75035 of 2025.

                          5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                          6. In compliance of the order dated 26.02.2026, a

          report dated 13.03.2026 with regard to the present stage of trial

          has been received. From perusal of the aforesaid report, it

          appears that there are ten prosecution witnesses, but prosecution

          has not examined any witness so far. It is further reported that
Patna High Court CR. MISC. No.86294 of 2025(5) dt.03-04-2026
                                            3/4




          the trial may be concluded within a period of one year.

                          7.     Considering         the       aforesaid   facts   and

          circumstances of the case, period of custody of the petitioner

          and taking into account the fact that continued detention of the

          petitioner would serve no purpose other than punitive pretrial

          incarceration, which is antithetical to the spirit of Article 21 of

          the Constitution of India, this Court is inclined to grant bail to

          the petitioner.

                          8. Let the petitioner be released on bail on

          furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)

          with two sureties of the like amount each to the satisfaction of

          Court below/concerned Court in connection with Mohanpur P.S.

          Case No. 68 of 2024, subject to the following conditions:

                       (I) One of the bailors shall be the petitioner’s own or

          close member.

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

          fixed during the trial and shall not remain absent on two

          consecutive dates without sufficient cause.

                       (III) The petitioner shall not tamper with the

          prosecution evidence or influence/intimidate any witness during

          the course of trial.

                       In case of violation of any of the aforesaid conditions,
           Patna High Court CR. MISC. No.86294 of 2025(5) dt.03-04-2026
                                                       4/4




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

                     petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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