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Patna High Court

Mithun KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner.

Summary

Mithun Kumar sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bharatiya Nyaya Sanhita, 2023 for alleged assault causing simple injury. The prosecution alleged his involvement, while the petitioner maintained his innocence. The State and the informant opposed the bail application. The Patna High Court, after considering the facts and the nature of the offences, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS. The order directs the petitioner to surrender within four weeks and comply with the stipulated conditions.

Issues considered

  • Whether anticipatory bail should be granted in a case involving offences under Sections 126(2), 115(2), 109(1), 127(2), 303(2), 352, 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
  • Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing witnesses.
  • Whether the conditions prescribed under Section 482(2) of the BNSS are satisfied.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • assault
  • bail conditions
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90049 of 2025
                  Arising Out of PS. Case No.-307 Year-2025 Thana- PAHARPUR District- East Champaran
                 ======================================================
                 Mithun Kumar S/O Bihari Yadav R/O Village- Gaddupur, Police Station-
                 Harsidhi, District- East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sarvesh Kashyap
                 For the Opposite Party/s :       Mr. Ashok Kumar Singh
                 For the informant        ;       Mr. Bishwa Nath Mahto, Advocate
                                                  Mr. Dhandev Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   04-02-2026                  Heard the learned counsel for the petitioner, learned

                   APP for the State and the learned counsel for the informant.

                                2. The petitioner apprehends arrest in connection with

                   Paharpur P.S. Case No. 307 of 2025 registered for offences

                   under Sections 126(2), 115(2), 109(1), 127(2), 303(2), 352,

                   351(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the petitioner is

                   accused of assaulting the victim causing simple injury.

                                4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has not committed any offence.

                                5. Learned APP for the State and the learned counsel

                   for the informant have vehemently opposed the prayer for bail.

                                6. Considering the facts and circumstances of the
            Patna High Court CR. MISC. No.90049 of 2025(2) dt.04-02-2026
                                                        2/2




                      case, this application for anticipatory bail stands allowed.

                                   7. Accordingly, let the petitioner, above-named, in the

                      event of arrest or surrender within four weeks from today in the

                      Court below, be released on anticipatory bail on furnishing bail

                      bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of

                      the like amount each to the satisfaction of learned Additional

                      Chief         Judicial         Magistrate-9th,       Motihari,   East

                      Champaran/concerned Court below in connection with Paharpur

                      P.S. Case No. 307 of 2025 subject to the conditions as laid down

                      under Section 482(2) of the BNSS.



                                                     (Sandeep Kumar, J)
Shishir/-

U       T


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