Mithun Kumar @ Mithun Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48396 of 2025 Arising Out of PS. Case No.-40 Year-2025 Thana- JANDAHA District- Vaishali ====================================================== Mithun Kumar @ Mithun Paswan S/O Late Jay Kishun Paswan VillageBahsi Damodar, P.S.- Jandaha, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Sinha, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Jandaha P.S. Case No. 40 of 2025 instituted for the offences under Sections 103(1), 238, 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Accusation against the accused persons including the petitioner is of commission of murder of the informant's son.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. There is no eye-witness to the occurrence. Learned counsel further

Patna High Court CR. MISC. No.48396 of 2025(3) dt.23-09-2025 2/2 submitted that as per FIR, co-accused Shivam Kumar is alleged to have threatened to kill the deceased and so far as the petitioner is concerned, he has no concern either with the deceased or with the co-accused. It has been submitted on behalf of the petitioner that the petitioner is in custody since 01.02.2025 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, there being no cogent material against the petitioner to show his involvement in the alleged occurrence as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jandaha P.S. Case No. 40 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T