Munna Choudhary @ Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8315 of 2026 Arising Out of PS. Case No.-273 Year-2025 Thana- ISHAKCHAK District- Bhagalpur ====================================================== Munna Choudhary @ Mukesh Kumar Son of Raghu Choudhary R/o Village - Laluchak, P.S. - Ishakchak, Dist. - Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vivekanand Vivek, Advocate For the Opposite Party/s :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 17-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in connection with Ishakchak P.S. Case No. 273 of 2025 instituted for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 303(2) and 3(5) of the Bharatiya Nyaya Sanhita.

3. As per the prosecution case, the informant had alleged that all the FIR named accused persons including the petitioner variously armed with lathi started assaulting him. It is further alleged that the petitioner, Shanu Kumar and son of Tetar Choudhary had assaulted on the informant's head by means of lathi.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.8315 of 2026(2) dt.17-02-2026 2/3 the petitioner is innocent and has falsely been implicated. It has been submitted that the allegations levelled in the FIR is not corroborated by the injury which was sustained by the injured Raj Verma. It has further been submitted that in the impugned order the reference to the injury has been made and from mere reading of the same it would be evident that the same were simple which is evident by the size of injury which has been recorded. It is submitted that the allegations are general and omnibus and the petitioner carries clean antecedent.

5. Learned APP appearing on behalf of the State has vehemently opposed the prayer for anticipatory bail.

6. Considering the facts aforesaid, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateIX/or in-charge, Bhagalpur in connection with Ishakchak P.S. Case No. 273 of 2025, subject to the conditions as laid down under Section 482 of the BNSS and subject to the following conditions:-

Patna High Court CR. MISC. No.8315 of 2026(2) dt.17-02-2026 3/3 (i) One of the bailors will be a close relative of the petitioner;

(ii) the petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court;

(iii) in case of absence on two consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will liable to be cancelled by the Court concerned; (iv) the Court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bonds of the petitioner. However, the acceptance of bail bonds in terms of the above mentioned order shall not be delayed for purpose of the same on in the name of verification.

7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) krishna/- U T