Mukesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21245 of 2026 Arising Out of PS. Case No.-390 Year-2024 Thana- NARHATT District- Nawada ====================================================== Mukesh Yadav son of Bisheshwar Yadav Resident of village -Guruchak PSNarhat District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Ranjan Kumar, Advocate For the State :
Mr. Arun Kumar Singh, APP For the Informant :
Mr. Arjun Prasad No.1, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 15-05-2026 Heard the parties.
2. The petitioner is in custody in connection with Narhat P.S. Case No. 390 of 2024 for the offence punishable under sections 115(2), 126(2), 188(1), 109, 352 and 3(5) of the B.N.S., lodged on 12.11.2024 by the informant, Ranjeet Kumar.
3. As per the prosecution story, the informant alleged that the accused persons resorted to beating his cousin, Sanjeet Prasad while he was having food at a stall. Allegation against Mukesh Kumar is of hitting on the head with sword which was repeated and when he tried to save his head by right hand, the same was injured. He was taken to Hisua Primary Health Centre and later to Nawada. This led to the FIR.
4. Learned counsel for the petitioner submits that he
Patna High Court CR. MISC. No.21245 of 2026(3) dt.15-05-2026 2/3 has already suffered by being in custody since 15.04.2025 and if granted relief he shall be diligently appearing in trial.
5. Learned APP as also learned counsel for the informant opposes the prayer for bail submitting that the allegation is there against the petitioner of assaulting using sword.
6. Taking into account submissions of the parties as also the Trial Court Report and further that he has remained in custody since 15.04.2026 and an undertaking has been given that he shall be diligently appearing in trial, in that background, this Court is inclined to extend him the privilege of bail.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, First Class, Nawada, in connection with Narhat P.S. Case No. 390 of 2024 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhar Card/Voter Id/Driving License/Pan Card) to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive
Patna High Court CR. MISC. No.21245 of 2026(3) dt.15-05-2026 3/3 dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for next one year to mark his attendance and at the end of the period a certificate be submitted before the Trial Court;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) vinayak/- U T