Mukesh Yadav @ Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37798 of 2025 Arising Out of PS. Case No.-131 Year-2024 Thana- GRIYAK District- Nalanda ====================================================== Mukesh Yadav @ Mukesh Kumar S/o Upendra Yadav Village- Maira, PSKatrisarai, District- Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Sinha, Advocate For the Opposite Party/s :
Mr.Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. In this present case, the petitioner seeks bail in connection with Giriyak P.S. Case No. 131 of 2024 registered for the offences under Sections 147, 148, 149, 341, 323, 324, 325, 448, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution case, petitioner and other coaccused persons, who were variously armed, came to the doors of the informant and hurling abuses, assaulted the elder brother of the informant. Petitioner is stated to have given sword blow to the elder brother of the informant causing injuries to him. When the wife and grandmother of the elder brother of the informant came for his rescue, they were also assaulted with
Patna High Court CR. MISC. No.37798 of 2025(2) dt.18-06-2025 2/3 lathi and danda.
4. Earlier the petitioner has moved before this Court seeking anticipatory bail which was rejected by a Co-ordinate Bench of this Court vide order dated 24.02.2025 passed in Cr. Misc. No. 79580 of 2024. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Allegation against the petitioner is that of giving sword blow to the elder brother of the informant but the injury report shows no sharp cut injury and injuries are lacerated wound though the injuries are stated to be grievous. This falsifies the allegation against the petitioner. A number of co-accused persons have been granted bail by a Co-ordinate Bench of this Court vide order dated 19.12.2024 passed in Cr. Misc. No. 84524 of 2024 and order dated 29.01.2025 passed in Cr. Misc. No. 72797 of 2024. Petitioner is having antecedent of three case and he is on bail in all these cases. Petitioner is in custody since 26.03.2025 and charge-sheet has been submitted.
5. Learned A.P.P. opposes the submission made on behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the absence of alleged injury on the victim and further considering
Patna High Court CR. MISC. No.37798 of 2025(2) dt.18-06-2025 3/3 grant of bail to other co-accused persons and also considering the period of custody and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned C.J.M.-Nalanda at Biharsharif/concerned court in connection with Giriyak P.S. Case No. 131 of 2024, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) balmukund/- U T