Patna High Court

Mithilesh Kumar @ Mithilesh SinghversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court granted anticipatory bail to the petitioner.

Summary

The petitioner, Mithilesh Kumar, was named in a criminal case (PS case No. 205 of 2025) for alleged participation in a communal riot on 13 April 2025, with charges under several sections of the Bhartiya Nyaya Sanhita. He claimed innocence, noting that three separate FIRs had been filed for the same incident, including one by an injured party that described only simple injuries. The petitioner filed an anticipatory bail application, while the State opposed it. The court examined the nature of the allegations, the existence of multiple cases, and the seriousness of the charges, and concluded that the petitioner was not a flight risk and that bail could be conditioned. Accordingly, the court granted anticipatory bail subject to a bond of Rs 10,000, two sureties, and compliance with Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner despite charges under multiple sections of the Bhartiya Nyaya Sanhita
Whether the existence of three separate FIRs and alleged involvement in a communal riot justify denial of bail
Whether conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, are sufficient to secure the petitioner’s appearance

Legislation cited

Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
Bhartiya Nyaya Sanhita — s. 109, 115(2), 126(2), 132, 190, 191(2), 191(3), 196, 299

Subjects

anticipatory bail
communal riot
Section 482
Bhartiya Nyaya Sanhita
Bhartiya Nagrik Suraksha Sanhita
multiple FIRs
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91502 of 2025
                       Arising Out of PS. Case No.-205 Year-2025 Thana- KARAKAT District- Rohtas
                 ======================================================
                 Mithilesh Kumar @ Mithilesh Singh S/o Santosh Singh R/o Village- Sikaria,
                 P.S- Karakat, Dist- Rohtas.


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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :          Mr. Babu Nandan Prasad, Advocate
                 For the Opposite Party/s :          Mr. Ganesh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and the

                   learned A.P.P. for the State.

                                  2. The petitioner apprehend his arrest in a case

                   registered for the offence under Sections 191(2), 191(3), 190,

                   126(2), 115(2), 109, 132, 196, 299 of the Bhartiya Nyaya

                   Sanhita.

                                  3. Informant, Ritesh Kumar, Circle Officer,

                   alleged that on 13.04.2025, petitioner along with 35-40 people

                   were involved in a communal riot.

                                  4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. He

                   further submits            that   for    the     same   occurrence       three

                   separate cases were lodged. Apart from the present case,
            Patna High Court CR. MISC. No.91502 of 2025(2) dt.19-01-2026
                                                        2/2




                      Karakat P.S. Case No. 206 of 2025 was lodged by petitioner’s

                      side and Karakat P.S. Case No. 207 of 2025 against the

                      petitioner was lodged separately by Khurshid Alam, who is

                      injured in the same occurrence. Doctor has found the injury is

                      simple in nature. Petitioner claims one criminal antecedent for

                      the same occurrence.

                                    5. Learned A.P.P. for the State opposed the bail

                      petition of the petitioner.

                                   6. Considering the facts and circumstance of the case,

                      the prayer for anticipatory bail of petitioner is allowed. Let the

                      above named petitioner, in the event of his arrest/surrender

                      within a period of eight weeks from today, be enlarged on bail

                      on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      A.C.J.M., 1st, Bikramganj, Rohtas, in connection with Karakat

                      P.S. Case No. 205 of 2025, subject to condition as laid down

                      under Section 482 of the Bhartiya Nagrik Suraksha Sanhita,

                      2023.



                                            (Prabhat Kumar Singh, J)
khushbu/-

U      T

Continue reading with your account

Checking your session…