Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16130 of 2026 Arising Out of PS. Case No.-104 Year-2025 Thana- HARSIDHI District- East Champaran ====================================================== 1.

Mithun Kumar S/o- Dhurp Mahto Resident of Village-Dhankhariya Ranjeeta , Police Station- Harsidhi, District- East Champaran 2.

Jhunna Kumar @ Jhunna Mahto S/o- Dhurp Mahto Resident of VillageDhankhariya Ranjeeta , Police Station- Harsidhi, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shakil Ahmad Khan, Advocate For the State :

Mr. Anant Kumar 1, APP For the Informant :

Mr. Arun Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 13-03-2026 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the Informant.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under Sections 115(2), 117(2), 126, 109, 352, 351, 76 & 3(5) of the BNS and thereafter Section 103 of the BNS added.

3. The case of the prosecution, in short, is that petitioners along with other named 13 named accused persons being armed with weapon arrived at the door of the informant and started assaulting and abusing. It is specifically alleged that Munna Mahto, Rambiash Mahto and Vikash Mahto who were having iron rod has assaulted the mother of the informant, namely, Pawdhari Devi. She died due to that assault.

Patna High Court CR. MISC. No.16130 of 2026(2) dt.13-03-2026 2/2

4. Learned counsel for the petitioners submits that petitioners are arrayed as accused but no specific allegation is against them. The allegation is against Munna, Rambilash and Vikash. Learned counsel for the petitioners has submitted that petitioners are only member of the mob. Learned counsel for the petitioners has submitted that the petitioners are having no criminal antecedent and they are in judicial custody since 13.11.2025.

5. Learned counsel for the informant has vehemently opposed the bail to the petitioners and has stated that all the accused persons including these petitioners have assaulted.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Harsidhi P.S. Case No. 104 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) each of them with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Motihari, East Champaran. (Ashok Kumar Pandey, J) durgesh/- U T