Mukesh Yadav @ Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36676 of 2025 Arising Out of PS. Case No.-55 Year-2022 Thana- KADIRGANJ District- Patna ====================================================== Mukesh Yadav @ Mukesh kumar son of Late Nandu Yadav @ Nandu Prasad Village -Bari Bigha ,P.S-Kadirganj, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner :

Ms. Priyanka Singh, Advocate For the State :

Mr. Vinod Shanker Modi, APP For the Informant :

Mr. Pramod Rajpati, Advocate Mr. Sama Akhtar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Kadirganj P.S. Case No. 55 of 2022 instituted for the offence under Sections 341, 323, 324, 325, 379, 354, 448, 504, 506 & 34 of the Indian Penal Code. Earlier vide order dated 20-02-2025, passed in Cr. Misc. No. 70238 of 2024, anticipatory bail of the petitioner was rejected by a Co-ordinate Bench of this Court.

3.

Prosecution case, in short, is that on 06.05.2022, the informant alleged that five accused, including the petitioner, forcibly entered her house, abused her, assaulted her and

Patna High Court CR. MISC. No.36676 of 2025(3) dt.18-08-2025 2/3 attempted to outrage her modesty. When her mother-in-law intervened, she was also assaulted, robbed of her gold earrings, and both sustained serious injuries after being beaten with weapons.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 26-03-2025. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. From perusal of the FIR, it would manifest that petitioner assaulted the informant on her head with an iron rod and doctor has opined the injury to be grievous in nature. There is no repetition of blow. There is case and counter case between the parties. Charge sheet has already been submitted in this case. 6.

Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being case and counter case between the parties and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.36676 of 2025(3) dt.18-08-2025 3/3 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kadirganj P.S. Case No. 55 of 2022, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T