Mithilesh Kumar @ Mithlesh Kumar v. The State of Bihar
CR. MISC./41442/2025 · 2025-07-09
Arun Kumar Jha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 53410 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 53410 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41442 of 2025 Arising Out of PS. Case No.-273 Year-2025 Thana- NAGAR District- Vaishali ====================================================== Mithilesh Kumar @ Mithlesh Kumar S/o Ravindra Rai Resident of Village- Malipur, PS- Hajipur Town, Distt.- Vaishali. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rohit Kumar, Advocate For the Opposite Party/s : Mr.Narsingh Tanti, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 09-07-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Hajipur (T) P.S. Case No. 273 of 2025 registered for the alleged offences under Sections 25(1-b)a/26 of the Arms Act.
3. As per prosecution case, police received information about a person brandishing a firearm in a market. The said person was apprehended and from the possession of said person, recovery of a loaded country made katta was made. After unloading a live cartridge was found. The petitioner is stated to be the said person.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.41442 of 2025(2) dt.09-07-2025 2/3 case. Nothing incriminating has been recovered from the person or possession of the petitioner. The alleged recovery is planted. The petitioner has got no criminal antecedent. The petitioner is in custody since 12.03.2025 and charge sheet has been submitted.
5. Learned APP opposes the submission made on behalf of the petitioner. Learned APP submits that the petitioner was apprehended and from his possession recovery of a loaded country made katta was made.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the period of custody of the petitioner, submission of charge sheet and his clean antecedent, 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, Vaishali at Hajipur/concerned Court in connection with Hajipur (T) P.S. Case No. 273 of 2025, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions : (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present
Patna High Court CR. MISC. No.41442 of 2025(2) dt.09-07-2025 3/3 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.
DKS/- (Arun Kumar Jha, J) U T