Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37670 of 2025 Arising Out of PS. Case No.-15 Year-2025 Thana- Jhandapur District- Bhagalpur ====================================================== Mithun Kumar Son of Shridev Ravidas @ Shridey Ravi Das @ Shreedev Ravi Das Resident of Village- Jayrampur PS- Jhandapur, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 25-11-2025 Heard the parties.

2. The petitioner seeks bail in connection with Jhandapur P.S. Case No. 15 of 2025 registered for the offence under Section 109, 3(5) of BNS and Section 27 of Arms Act.

3. The petitioner is named in the F.I.R. and is in custody since 02.02.2025.

4. As per FIR, allegation is to cause gun shot injury to informant and others, due to previous enmity.

5. Learned counsel appearing on behalf of the petitioner submitted that the name of petitioner transpired during the course of investigation on the basis

Patna High Court CR. MISC. No.37670 of 2025(4) dt.25-11-2025 2/3 of confessional statement of apprehended co-accused person, in furtherance of which no incriminating material appears recovered/ surfaced as to connect petitioner with present crime in question. It is pointed out that even if confession be taken into consideration, the allegation of firing is not available against this petitioner. It is also submitted that despite of having all occasions the petitioner was not put on TIP as yet. While concluding the argument, it is submitted that petitioner found involved in one more criminal case where he is on bail and moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Learned APP opposes the prayer of bail.

7. In view of aforesaid factual submission and by taking note of fact as save and except suspicion arising out of confessional statement of apprehended co-accused person prima-facie nothing incriminating appears against this petitioner as to connect him with present crime in

Patna High Court CR. MISC. No.37670 of 2025(4) dt.25-11-2025 3/3 question, coupled with fact that investigation of this case already completed, where petitioner remains in custody since 02.02.2025, accordingly petitioner above named, is directed to be released on bail in connection with Jhandapur P.S. Case No. 15 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM 3rd Naugachia, Bhagalpur /concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C/ Section 480(3) of BNSS. (Chandra Shekhar Jha, J) Sudha/- U T