Mithlesh Rai v. The State of Bihar
Case brief
What is this about?
Patna High Court, Criminal Miscellaneous No.23079 of 2026, decided 21-05-2026 by Rajiv Roy, J (oral order). Anticipatory bail application arising out of Gaurichak P.S. Case No. 688 of 2025, District Patna - offences under sections 126(2), 115(2), 109, 3(5) of the BNS and Section 27 of the Arms Act - allegations of assault on the informant's husband during land partition and firing by Musu Rai; grievous injuries noted from case diary. Bail rejected for Mithilesh Rai, Mushu Rai, Ramji Rai, Sarvan Kumar; granted to Kusum Devi @ Kusum Kumari (petitioner no. 2) - no criminal antecedent, lady - bail bond Rs. 10,000 with two sureties, A.C.J.M.-II Patna City, subject to Section 438(2) Cr.P.C. and additional conditions. Advocates: Jay Ram Prasad for petitioners; Umeshanand Pandit, APP for the State.
What did the court decide?
Anticipatory bail granted only to petitioner no. 2, Kusum Devi @ Kusum Kumari: in the event of arrest or surrender within four weeks, release on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-II, Patna City, Patna, in connection with Gaurichak P.S. Case No. 688 of 2025, subject to Section 438(2) Cr.P.C. conditions and conditions (i)-(iv) (bailor to be family member/relative with ID proof; appearance on every trial date; no inducement/threat to witnesses or tampering with evidence; desistance from further offences). Anticipatory bail rejected for Mithilesh Rai, Mushu Rai, Ramji Rai and Sarvan Kumar.