← Library
Patna High CourtCR. MISC./10196/2026allowed

Mithun Kumar @ Mithun Yadav v. The State Of Bihar

2026-04-07Mr. Justice Ashok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10196 of 2026 Arising Out of PS. Case No.-383 Year-2025 Thana- SABAUR District- Bhagalpur ====================================================== Mithun Kumar @ Mithun Yadav S/o Subodh Yadav Resident of VillageGopalpur, P.S.- Industrial Area, Zero Mile, District- Bhagalpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate Mr. Sadaf Anas, Advocate Mr. Shashi Shekhar Shandilya, Advocate For the State :

Mr. Madan Kumar, APP For the Informant :

Mr. Arun Kumar Tiwary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 07-04-2026 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the Informant.

2. The petitioner has prayed for bail in connection with Sabour P.S. Case No.383 of 2025 registered for the offence punishable under Sections 126(2), 115(2), 109, 118(2) &117(2) of the B.N.S.

3. The case of the prosecution, in short, is that the petitioner has assaulted with knife and country made pistol on the head and face of the informant's son namely Raj Kumar. He was treated in Glocal Hospital.

4. Learned counsel appearing on behalf of the petitioner has submitted that the occurrence is of 22.10.2025 whereas the FIR was lodged on 25.10.2025; there is delay of

Patna High Court CR. MISC. No.10196 of 2026(3) dt.07-04-2026 2/3 three days in filing of the FIR and the delay is not explained. It has further been submitted that the injured Raj Kumar was taken to private hospital and from perusal of the injury report it transpire that the injured has received following injuries :- (i) Deep cut in nose and nasal lacerated bleeding injury present (ii) Lacerated cut injury on nose size 3cm x 0.5cm size.

(iii) Right facial cut 2.5 x 0.3 x skin (iv) Upper lip 2cm x 0.5cm x skin

5. Learned counsel for the petitioner has submitted that from perusal of the injury report which has been issued by SRI RAM EMERGENCY HOSPITAL it is clear that the report has been prepared on 18.11.2025 whereas the injured was examined on 22.10.2025. It is not clear as to how on subsequent dates this report has been issued. What is the basis of this report?

6. Countering this, learned counsel for the informant has vehemently opposed the bail and has stated that the petitioner has vehemently assaulted the son of the informant.

7. 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

Patna High Court CR. MISC. No.10196 of 2026(3) dt.07-04-2026 3/3 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 court of learned C.J.M., Bhagalpur in connection with Sabour P.S. Case No.383 of 2025.

(Ashok Kumar Pandey, J) durgesh/- U T