Mithilesh Kumar @ Lalu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46661 of 2025 Arising Out of PS. Case No.-12 Year-2025 Thana- Mathurapur District- Samastipur ====================================================== Mithilesh Kumar @ Lalu Son of Devendra Singh Resident of Village - Fatehpur, P.S.- Musarigharari, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Roy For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Mathurapur P.S. Case No. 12 of 2025 dated 19.01.2025 registered for the offences punishable u/ss 310(4) and 310 (5) of the BNS and section 25(1B) (a)/26/35 of the Arms Act.

3. As per the prosecution case, one country made Katta, one live cartridge and one mobile phone from the possession of the co-accused, Sunil Kumar Sahni, one loaded country made pistol along with magazine with three live cartridges and one mobile phone from the possession of the petitioner, Mithlesh Kumar and one loaded country made pistol

Patna High Court CR. MISC. No.46661 of 2025(3) dt.17-09-2025 2/3 along with two live cartridges and one mobile phone from the possession of the co-accused Rajinish, were recovered.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged recovery. The petitioner has three antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 20.01.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Mathurapur P.S. Case No. 12 of 2025, with the condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.

Patna High Court CR. MISC. No.46661 of 2025(3) dt.17-09-2025 3/3

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T