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Patna High CourtCR. MISC./29050/2026allowed

Mithlesh Kumar v. The State Of Bihar

2026-05-06Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29050 of 2026 Arising Out of PS. Case No.-704 Year-2025 Thana- MADHAURAH District- Saran ====================================================== Mithlesh Kumar Son of Ganesh Sah R/O Vill.- Olhanpur, P.O.- Olhanpur, P.S.- Marhaurah, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kunal Raushan, Advocate For the Opposite Party/s :

Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in connection with a case registered for the offences punishable under Sections 310(4) & (5) of the BNS and Sections 25(1-B) (a), 26 and 35 of the Arms Act.

3. The case of the prosecution, in brief, is that the police received information that certain miscreants had gathered for committing some offence. Acting on such information, a raid was conducted and, from the possession of the petitioner, only a mobile phone was recovered.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. It is further submitted that no incriminating article has been recovered from the possession of the petitioner except

Patna High Court CR. MISC. No.29050 of 2026(2) dt.06-05-2026 2/2 a mobile phone. It is also submitted that the petitioner has been languishing in judicial custody since 21.10.2025 and has no criminal antecedent. Learned counsel further submits that a similarly situated co-accused, namely Dhananjay Kumar @ Dhananjay Mahto has already been granted bail by a learned coordinate Bench of this Court vide order dated 18.04.2026 passed in Cr. Misc. No. 25328 of 2026, and the case of the present petitioner stands on identical footing.

5. Learned APP appearing for the State has opposed the prayer for regular bail.

6. Considering the aforesaid facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. Accordingly, the petitioner, above-named, is directed to be released on bail in connection with Marhowrah P.S. Case No. 704 of 2025, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra.

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