Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1402 of 2026 Arising Out of PS. Case No.-403 Year-2025 Thana- TURKAULIYA District- East Champaran ====================================================== Mukesh Kumar S/o Madan Pandit R/o Village- Madhav Pur ,P.S-Kalyan Pur ,District-East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava, Advocate.

For the Opposite Party/s :

Mr. Nagendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 26-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Turkauliya P.S. Case No.403 of 2025 for the offences registered under Sections 309(6) of the B.N.S., 2023 and Section 27 of the Arms Act.

3. As per the prosecution case, while the informant was at his C.S.P. center of State of Bank of India, in the meantime, three miscreants on a apache motorcycle came there and entered in the C.S.P. center and thereafter on gun point took the laptop of informant. When the informant protested, one of the accused persons fired upon him due to which he received injury and the said miscreants managed to escape with the laptop of informant.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.1402 of 2026(4) dt.26-02-2026 2/3 petitioner is innocent and has falsely been implicated in this case. He further submits that petitioner was not present at the spot and no incriminating article has been recovered from his possession. Learned counsel submits that name of petitioner is transpired in this case only on the basis of confessional statement of the coaccused, Dilip Kumar. Save and except confessional statement of co-accused, there is no material against the petitioner. He further submits that petitioner has two criminal antecedents and he is on bail in both the cases. Learned counsel submits that similarly situated co-accused namely Arun Kumar has been granted regular bail by the Co-ordinate Bench of this Court vide order dated 15.01.2026 passed in Cr. Misc. No.1336 of 2026. He further submits that charge against the petitioner has already been framed, he is in custody since 24.09.2025 and he undertakes to co-operate in the trial.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case, the nature of allegation against the petitioner and the fact that charge against the petitioner has already been framed as well as the period of custody already undergone by him, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of

Patna High Court CR. MISC. No.1402 of 2026(4) dt.26-02-2026 3/3 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran/ concerned Court in connection with Turkauliya P.S. Case No.403 of 2025. (Sunil Dutta Mishra, J) Ritik/- U T