Patna High Court
Mithu Kahar @ Mithu PrasadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner on condition of a Rs. 10,000 bond with two sureties.
Summary
Mithu Kahar was arrested in connection with a case registered under Sections 109(1), 352 and 3(5) of the B.N.S. and Section 27 of the Arms Act for allegedly firing at Karan Thakur, causing a chest injury. The petitioner contended that he was falsely implicated, that only a single, non‑fatal injury occurred, and that he had been in judicial custody since 12‑11‑2024 without trial commencement. The State opposed bail, emphasizing the seriousness of the charges. After hearing both sides, the Court considered the lack of repeated firing, the trivial nature of the incident, and the prolonged pre‑trial detention. The Court ordered that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite charges under the B.N.S. and the Arms Act
- Whether the circumstances, including the nature of the injury and delay in trial, justify bail
Legislation cited
Subjects
- bail
- criminal procedure
- Arms Act
- assault
- pre‑trial detention
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89300 of 2025
Arising Out of PS. Case No.-743 Year-2024 Thana- ARA NAWADA District- Bhojpur
======================================================
Mithu Kahar @ Mithu Prasad, S/o- Late Tapeshwar Kahar, R/v- New Shital
Tola, Ps- Ara Nawada Dist- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Priya, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 19-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Ara Nawada P.S. Case No. 743 of 2024 registered for the
offence punishable under Sections 109(1), 352 and 3(5) of
B.N.S. and Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that the
petitioner has fired at Karan Thakur and the gun shot injury hit
in his chest in right side.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. There is no repetition of the firing and from perusal of the
injury report it will transpire that doctor conducting the medical
Patna High Court CR. MISC. No.89300 of 2025(3) dt.19-03-2026
2/2
examination of the victim has found only one injury i.e. one
penetrating wound on body site right side chest size 1/2” x 1/2”
colour blackish around the wound firearm injury and the doctor
has further opined that the nature of injury is grievous. It has
also been submitted that petitioner is in judicial custody since
12.11.2024 and trial has still not started. It has also been
submitted that the occurrence has taken place on trivial issue
and only one gunshot has hit the victim.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Chief
Judicial Magistrate, Bhojpur at Ara in connection with Ara
Nawada P.S. Case No. 743 of 2024.
(Ashok Kumar Pandey, J)
lata/-
U T
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