Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30366 of 2026 Arising Out of PS. Case No.-42 Year-2022 Thana- HARSIDHI District- East Champaran ====================================================== Mithun kumar Son of Surender Ram @ Surendra Ram Resident of villageJaga Pakad, Ps- Harsiddhi, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 11-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with in connection with Harsiddhi P.S. Case No. 42 of 2022 registered for the alleged offences under Sections 395, 511 of the Indian Penal Code and Section 25(1-b)a, 26, 35 of the Arms Act.

03. As per prosecution case, six miscreants on their motorcycles accosted the informant, threatened him at gunpoint and demanded his belongings. Some scuffle took place and a country made pistol, two cartridges and a mobile phone fell down from one of the miscreants when the informant snatched his jacket in the scuffle. The name of the petitioner transpired during investigation for being involved in the said occurrence.

Patna High Court CR. MISC. No.30366 of 2026(2) dt.11-05-2026 2/3

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from the person or possession of the petitioner and he has been roped in the present case on the basis of confessional statement of coaccused Ankit Kumar. Except for this confessional statement, there is no other material to show the complicity of the petitioner in the alleged offence. The petitioner is having antecedent of two cases and is on bail in both the cases. The petitioner is in custody since 09.02.2026 and charge-sheet has been submitted.

05. Learned APP for the State opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to be released 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 Chief Judicial Magistrate, East Champaran, Motihari/court concerned in connection with Harsiddhi P.S. Case No. 42 of 2022, subject to the conditions

Patna High Court CR. MISC. No.30366 of 2026(2) dt.11-05-2026 3/3 mentioned in Section 480(3) of BNSS and the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T