Mithilesh Singh @ Mithilesh Kumar Singh vs The State Of Bihar on 10 March, 2026

    0
    37
    ADVERTISEMENT

    Patna High Court – Orders

    Mithilesh Singh @ Mithilesh Kumar Singh vs The State Of Bihar on 10 March, 2026

    Author: Satyavrat Verma

    Bench: Satyavrat Verma

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL MISCELLANEOUS No.41670 of 2025
                         Arising Out of PS. Case No.-346 Year-2024 Thana- CHAPRA TOWN District- Saran
                     ======================================================
                     Mithilesh Singh @ Mithilesh Kumar Singh S/o Raj Kumar Singh Resident of
                     Ward No 42, Nayi Basti Badatelpa, PS-Chhapra Town, District-Sarant at
                     Chhapra
    
                                                                                      ... ... Petitioner/s
                                                           Versus
                     The State of Bihar
    
                                                            ... ... Opposite Party/s
                     ======================================================
                     Appearance :
                     For the Petitioner/s     :       Mr. Vindhya Keshari Singh, Sr. Adv
                                                      Mr.Yashraj Bardhan, Adv
                     For the Opposite Party/s :       Mr. Rabindra Kumar, APP
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                           ORAL ORDER
    
    5   10-03-2026

    1. Heard learned senior counsel for the petitioner and

    learned A.P.P. for the State.

    SPONSORED

    2. The petitioner seeks bail in a case registered for the

    offences punishable under Sections 147, 148, 149, 307, 302/34

    and 120(B) of the Indian Penal Code as well as Section 27 of

    the Arms Act and later on Sections 25(1-b)a, 26 and 35 of the

    Arms Act were added.

    3. The SHO-cum-Investigating Officer of the case, in

    compliance of the order dated 24-2-2026, is present in the

    Court.

    4. Learned counsel for the petitioner submits that

    petitioner is a person with clean antecedent and the informant

    alleges that on 20.05.2024 during Lok Sabha Election at Booth
    Patna High Court CR. MISC. No.41670 of 2025(5) dt.10-03-2026
    2/6

    Nos. 318 and 319, the RJD candidate came when some

    miscreants abused and misbehaved with her and also attacked

    her for which Chapra P.S. Case No. 342 of 2024 was instituted.

    It is next alleged that on account of the said occurrence dated

    20.05.2024, 12 named accused persons including the petitioner

    on 21.05.2024 along with 40-50 unknown accused came

    variously armed and intercepted his son Chandan Ram at 07:00

    a.m. at Bhikhari Chauk, further on orders of Chandan Singh,

    Manoj and Mintu and Ramakant Singh shot the son of the

    informant on his chest, thereafter petitioner shot Guddu Kumar

    causing injury on his waist while Ram Pratap Singh shot Manoj

    Ram causing injury on his temple and Satya Nand Singh shot

    Deepak causing injury on his right rib. It is further alleged that

    on alarm, the informant along with others came at the place of

    occurrence when the accused persons fled away and the injured

    were taken to the hospital where Doctor declared Chandan Rai

    dead.

    5. Learned senior counsel for the petitioner submits

    that the case was taken up on 24-2-2026, when it was argued

    that from perusal of the injury report of Guddu annexed as

    Annexure-P/7, i.e., injury report issued by Sadar Hospital,

    Saran, it would manifest that the same does not record that
    Patna High Court CR. MISC. No.41670 of 2025(5) dt.10-03-2026
    3/6

    Guddu suffered fire-arm injury as such the SHO-cum-

    Investigating Officer was directed to remain physically present

    along with the injury report. It is next submitted that from

    perusal of the allegations as alleged in the FIR, it would

    manifest that specific allegation is alleged against the petitioner

    of causing firearm injury to Guddu but then from perusal of the

    FIR, it would manifest that informant himself alleges that on

    alarm he along with others came at the place of occurrence

    when the accused persons fled away, it is thus submitted that

    informant is not an eyewitness to the occurrence but still with

    such precision he has alleged who fired at whom and causing

    injury where. It is also submitted that it absolutely does not

    stand to reason that on what basis the informant alleges that

    petitioner was present at the place of occurrence and he fired

    causing injury to Guddu, when it is not disclosed in the FIR that

    the informant came to know about the presence of the accused

    persons including the petitioner by any of the injured or any

    eyewitness to the occurrence. It is also submitted that the

    occurrence took place at 07:00 a.m. and the FIR came to be

    instituted at 08:30 p.m. on the same day i.e. after a delay of

    more than twelve hours which amply demonstrates that the FIR

    was instituted after due consultation. It is reiterated and
    Patna High Court CR. MISC. No.41670 of 2025(5) dt.10-03-2026
    4/6

    submitted that petitioner is a person with clean antecedent and

    has been implicated in the instant case with an allegation that he

    fired causing injury to Guddu by the informant who is not an

    eye-witness to the occurrence. It is also submitted that petitioner

    is in custody since 2-5-2025 and charge-sheet has been

    submitted.

    6. Learned A.P.P. for the State based on instruction

    opposes the regular bail of the petitioner, but then is not in a

    position to rebut the submission of the learned counsel

    appearing on behalf of the petitioner that the injury report issued

    by Sadar Hospital, Saran, does not record about fire-arm injury,

    but then submits that from perusal of the bed head ticket issued

    by the Patna Medical College and Hospital, it would manifest

    that the same records – an alleged case of fire-arm injury to

    Buttock with regard to Guddu, on which the learned senior

    counsel appearing on behalf of the petitioner submits that even

    presuming what has been alleged is true without admitting then

    whether can it be alleged with certainty that it was petitioner

    who fired, when informant himself is not an eye-witness to the

    occurrence, as would manifest when the FIR is read in its

    entirety.

    7. On query of the court from the SHO-cum-

    Patna High Court CR. MISC. No.41670 of 2025(5) dt.10-03-2026
    5/6

    Investigating Officer that as to what transpired during the course

    of investigation against the petitioner, on which it is fairly

    submitted that during the course of investigation from video

    footage it was culled out that petitioner was not carrying any

    fire-arm.

    8. At this stage, learned APP submits that if privilege

    of bail is granted to the petitioner, the petitioner may abscond,

    on which the learned senior counsel appearing on behalf of the

    petitioner submits that petitioner will not abscond rather will co-

    operate in the trial to prove his innocence.

    9. After hearing the learned counsel for the parties

    and taking into consideration the submission made by learned

    senior counsel for the petitioner, let the petitioner above named

    be released on bail on furnishing bail bond of Rs. 50,000/-

    (Rupees Fifty Thousand) with two sureties of the like amount

    each to the satisfaction of the learned trial court where the case

    is pending/successor court in connection with Chhapra Town

    P.S. Case No. 346 of 2024.

    10. One of the bailors of the petitioner shall be his

    father, Raj Kumar Singh.

    11. However, it is made clear that if the learned trial

    court comes to a conclusion that the petitioner after his release
    Patna High Court CR. MISC. No.41670 of 2025(5) dt.10-03-2026
    6/6

    is trying to delay the framing of charge or after framing of

    charge is trying to delay the trial in any manner, in both the

    conditions, the learned trial court shall be at liberty to cancel the

    bail bonds of the petitioner.

    12. The personal appearance of the SHO-cum-

    Investigating Officer of the case is dispensed with.

    (Satyavrat Verma, J)
    Sumit/-

    U         T
     



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here