Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15049 of 2026 Arising Out of PS. Case No.-439 Year-2025 Thana- BAKHARI District- Begusarai ====================================================== Mukesh Kumar S/o Suresh Chaudhary @ Suresh Choudhary R/o vill - Sonma Bakhri, P.S.- Bakhri, Distt.- Begusarai, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Akash Kumar Mishra, Advocate For the Opposite Party/s :
Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-03-2026 Heard Mr.Akash Kumar Mishra, learned counsel for the petitioner and Mr.Parmanand Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 25.01.2026 in connection with Bakhri P.S. Case No. 439 of 2025, F.I.R. dated 26.11.2025 registered for the offence punishable under Sections 126(2), 115(2), 118(1), 118, 109, 76, 303(2), 352, 351(2),3(5) of BNS, 2023.
3. Allegation against the petitioner is that he alongwith other accused persons assaulted the informant and her family members causing severe injuries. Further allegation is that the also assaulted to Saurav Poddar.
4. Learned counsel appearing for the petitioner submits that the allegation as alleged in the FIR is false and
Patna High Court CR. MISC. No.15049 of 2026(2) dt.11-03-2026 2/3 fabricated and the petitioner has not committed any offence as alleged in the FIR. As per allegation in the FIR, the petitioner has assaulted to one Saurav Poddar, although, he has received the injury but there was no intention to kill anyone. Apart from the aforesaid, there is other allegation against the petitioner and other co-accused persons that they have assaulted to the family members of the informant and the petitioner is in custody since 25.01.2026.
5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that there is direct and specific allegation of assault attributed against the petitioner apart from that, the petitioner carries one more case other than the present one but he fairly submits that the petitioner is on bail in the said cases, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Bakhri P.S. Case No. 439 of 2025,with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court
Patna High Court CR. MISC. No.15049 of 2026(2) dt.11-03-2026 3/3 and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that 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 bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T