Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20190 of 2025 Arising Out of PS. Case No.-190 Year-2021 Thana- BELAGANJ District- Gaya ====================================================== Mukesh Kumar S/O Sidheshwar Yadav Resident of Village - Panari, P.SBelaganj, Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Rabia Gulnaz, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Belaganj P.S. Case No. 190 of 2021 instituted for the offences under Sections 504, 506 of the IPC and 25(1-b)a, 26 of the Arms Act.
3. As per prosecution case, the accused Awadhesh Yadav threatened the informant and his brother on gun point to withdraw the murder case. In the meantime, the family members of the informant came to rescue and apprehended the said accused Awadhesh Yadav and also snatched the desi katta from his possession.
4. Learned counsel for the petitioner submitted that the
Patna High Court CR. MISC. No.20190 of 2025(2) dt.15-04-2025 2/3 petitioner is innocent and has falsely been implicated in the present case. Learned counsel further submitted that petitioner is not named in the FIR and, as a matter of fact, he is himself the informant of the present case but due to previous enmity between the parties as well as dirty village politics, he has been made accused in this case. Learned counsel further contended that the petitioner has been made accused in this case as he produced the desi katta which was recovered by him from the FIR named accused Awadhesh Yadav. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner has got no concern with the recovered arms and ammunitions. It has been submitted on behalf of the petitioner that the petitioner is in custody since 20.10.2024 and has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
Patna High Court CR. MISC. No.20190 of 2025(2) dt.15-04-2025 3/3 bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Belaganj P.S. Case No. 190 of 2021.
(Rudra Prakash Mishra, J) Alok Verma/- U T