Allowed¶19

Mithlesh Kumar @ Mithlesh Prajapat @ Mithlesh Prajapati v. The State of Bihar

Patna HC13 Oct 2025CR. MISC./70847/2025

Case brief

AI extract

What is this about?

Regular bail granted; Patna High Court; Criminal Miscellaneous No.70847 of 2025; order dated 13-10-2025; Justice Ashok Kumar Pandey; Dumariya P.S. Case No. 34 of 2025, District Gaya; offences under Sections 103(1), 238 and 3(5) B.N.S.; name surfaced during investigation on confessional statement of co-accused Ajay Thakur and petitioner; case otherwise based on suspicion; clean antecedents; judicial custody since 24.04.2025; APP opposition; bail bond Rs.10,000/- with two like sureties; S.D.J.M. Sherghati, Gaya.

What did the court decide?

Regular bail: petitioner to be released in connection with Dumariya P.S. Case No. 34 of 2025 on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sherghati, Gaya. ¶19

Mithlesh Kumar @ Mithlesh Prajapat @ Mithlesh… — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether the petitioner, whose name surfaced during investigation into Dumariya P.S. Case No. 34 of 2025 registered for offences punishable under Sections 103(1), 238 and 3(5) of the B.N.S., should be enlarged on regular bail.

¶13

Ratio / Principle

After hearing learned counsel for the parties and considering the facts and circumstances of the case, the court was inclined to enlarge the petitioner on bail.

¶19

Key takeaways

The petitioner was directed to be released on bail in connection with Dumariya P.S. Case No. 34 of 2025 on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sherghati, Gaya.ratio¶19

Detailed headnote1 paragraphs

Patna High Court (Ashok Kumar Pandey, J), oral order dated 13-10-2025 in Criminal Miscellaneous No.70847 of 2025, arising out of Dumariya P.S. Case No. 34 of 2025, District Gaya: regular bail granted to Mithlesh Kumar @ Mithlesh Prajapat @ Mithlesh Prajapati, accused of offences punishable under Sections 103(1), 238 and 3(5) of the B.N.S. The prosecution case was that the informant's son was killed by unknown persons and seven suspects were named, the petitioner not being among them; his name surfaced during investigation, with Ajay Thakur and the petitioner purportedly confessing their indulgence in the occurrence. Counsel for the petitioner urged that save and except the confessional statement nothing was against him, that he was of clean antecedents, and that he was in judicial custody since 24.04.2025; the APP opposed. Considering the facts and circumstances, the court enlarged the petitioner on bail on a bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sherghati, Gaya.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70847 of 2025

¶2

Arising Out of PS. Case No.-34 Year-2025 Thana- DUMARIYA District- Gaya

¶3

======================================================

¶4

Mithlesh Kumar @ Mithlesh Prajapat @ Mithlesh Prajapati S/O Ram Sevak Prajapat @ Ram Sevak Prajapati R/O Vill.- Singhpur, Faran, P.S.-Dumariya, Dist.- Gaya.

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ranjit Kumar Thakur, Advocate For the Opposite Party/s : Mr. Jagdhar Prasad, APP ======================================================

¶8

... ... Opposite Party/s

¶9

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

¶10

3 13-10-2025

¶11

Heard learned counsel for the petitioner and Mr.

¶12

Jagdhar Prasad, learned APP for the State.

¶13

The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 103(1), 238 and 3(5) of the B.N.S.

¶14

The case of the prosecution in short is that the son of the informant was killed by some unknown persons. The informant suspects 7 accused persons. The petitioner is not among them. The name of this petitioner has surfaced during course of investigation where Ajay Thakur and this petitioner have also confessed regarding their indulgence in the occurrence.

¶15

Learned counsel for the petitioner has submitted that this case is based on suspicion. His name has surfaced

¶16

Patna High Court CR. MISC. No.70847 of 2025(3) dt.13-10-2025 2/2

¶17

during investigation only on the basis of confessional statement. Save and except confessional statement, there is nothing against this petitioner. Learned counsel for the petitioner has submitted that the petitioner is a man of clean antecedent and is in judicial custody since 24.04.2025.

¶18

Learned Additional Public Prosecutor for the State has vehemently opposed the prayer of bail to the petitioner.

¶19

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dumariya P.S. Case No. 34 of 2025 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Sherghati, Gaya.

¶20

(Ashok Kumar Pandey, J)

¶21

durgesh/-

Mithlesh Kumar @ Mithlesh Prajapat @ Mithlesh Prajapati v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Mithlesh Kumar @ Mithlesh Prajapat @ Mithlesh Prajapati v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Suman Kumar Vs The State of Bihar

Santosh Paswan Vs The State of Bihar

Golu Paswan @ Rajesh Kumar Vs The State of Bihar

State of Bihar Vs Krishna Ghosala Thr.Secratary

Barun Kumar Jha @ B. K. Jha @ Varun Kumar Jha @ v. K. Jha Vs The State of Bihar

Anola Devi Vs The State of Bihar