Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25168 of 2025 Arising Out of PS. Case No.-587 Year-2023 Thana- NATHNAGAR District- Bhagalpur ====================================================== Mukesh Kumar S/O Bablu Tanti R/O vill.- Slatar House, Champanagar, P.S.- Nathnagar, Dist.- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :
Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-07-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in connection with Nathnagar P.S. Case No. 587 of 2023, instituted for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.
3. The prosecution case, in short, is that, on the alleged date and time, someone informed the informant that the dead body of his brother was lying at CTS Campus, Nathnagar. On the basis of the aforesaid information, the informant rushed to the place of occurrence and found that his brother was done death after cutting his neck.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.25168 of 2025(3) dt.04-07-2025 2/3 petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. The allegation levelled against the petitioner is not specific, rather general and omnibus in nature. Learned counsel for the petitioner also submits that the petitioner is neither named in the FIR nor present at the place of occurrence. Name of the petitioner has transpired in this case on the basis of confessional statement made by co-accused, namely, Md. Ismile and the same has got no evidentiary value. It is next submitted that there is no eye witness of the alleged occurrence. The petitioner is in custody since 11.08.2023 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 18.09.2024 passed in Cr. Misc. No. 49617 of 2024.
5. Learned APP 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 and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
Patna High Court CR. MISC. No.25168 of 2025(3) dt.04-07-2025 3/3
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nathnagar P.S. Case No. 587 of 2023.
(Rudra Prakash Mishra, J) Rajorshi/- U T