Mithun Shaikh @ Md. Mithun Shaikh v. The State of Bihar
Case brief
What is this about?
Custody-duration bail grant: petitioner in custody since 07.02.2025, over one year, after rejection of earlier regular bail application (Cr. Misc. No.27486 of 2025, rejected 06.08.2025); contention of no likelihood of trial conclusion accepted prima facie. Offences under BNS Sections 191(2), 190, 126(2), 115(2), 121(1), 221, 132, 352, 351(2), 303(2), 324(4), 326(f); alleged obstruction of police discharge of official duty and assault on police. Belhar P.S. Case No.358 of 2024, District Banka. Bail bond Rs. 25,000 with two like-amount sureties (local, immovable property). Notable conditions: antecedent verification by District Court against para 3 of bail application with automatic-lapse clause; cancellation triggers for tampering and similar offences. Useful precedent for prolonged-custody bail arguments in BNS cases.
What did the court decide?
Regular bail granted: release upon furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each (bailors to be local with sufficient immovable property), to the satisfaction of the learned District Court where Belhar P.S. Case No.358 of 2024 is pending, subject to conditions: (ii) co-operation in the trial and proper representation on every date fixed; (iii) prosecution at liberty to move for cancellation of bail if the petitioner tampers with evidence or witnesses; (iv) trial Court to take steps to cancel the bail bond if the petitioner is found involved in a similar offence after release; (v) District Court to verify the criminal antecedents stated in paragraph no. 3 of the bail application — if any other case is pending as stated, this order loses its force automatically.