Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50463 of 2026 Arising Out of PS. Case No.-157 Year-2026 Thana- RAHUI District- Nalanda ====================================================== Mithun Kumar Son of Kishore Ram Resident of Village- Patasang, P.S.- Rahui, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Rahui P.S. Case No. 157 of 2026 instituted for the offence under Sections 317(4), 317(5), 310(4) & 310(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-B)a, 26 & 35 of the Arms Act.

3.

The prosecution case, in short, is that on the basis of secret information, the police intercepted an Ertiga vehicle and apprehended the petitioner along with other accused persons, recovering several mobile phones, electric wire bundles, a wire cutter, and a country-made loaded pistol from their possession.

Patna High Court CR. MISC. No.50463 of 2026(2) dt.22-07-2026 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 02.04.2026. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Nothing has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner submits that only one mobile phone is recovered from the physical possession of the petitioner. Petitioner has no concern with the recovered items. Petitioner is neither owner nor the driver of the vehicle in question. Other co-accused has been granted bail by a Co-ordinate Bench of this Court vide order dated 08.06.2026, passed in Cr. Misc. No. 35987 of 2026.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.50463 of 2026(2) dt.22-07-2026 3/3 below/concerned Court in connection with Rahui P.S. Case No. 157 of 2026.

(Rudra Prakash Mishra, J) Raj Kishore/- U T