Mukesh Kumar Das @ Mukesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40618 of 2025 Arising Out of PS. Case No.-169 Year-2024 Thana- Bhawanipur District- Bhagalpur ====================================================== Mukesh Kumar Das @ Mukesh Das Son of Subhash Das Village - Shahpur Chauhaddi P. S. - Bhawanipur Dist. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dilip Kumar Roy, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bhawanipur P.S. Case No. 169 of 2024, instituted for the offences punishable under Sections 126(2), 118, 109, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

3. The prosecution case, in short, is that, the petitioner along with other co-accused person started indiscriminate firing which hit the informant's son due to which he sustained gun shot injuries and other co-accused person stabbed him on his neck.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case and

Patna High Court CR. MISC. No.40618 of 2025(2) dt.07-07-2025 2/3 Charge has also been framed on 30.04.2025. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the allegation levelled against the petitioner is general and omnibus in nature. The petitioner was not arrested on spot. The informant is not an eye witness to the said occurrence. The petitioner has suo-motu surrendered before the Court below on 03.01.2025 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner and submits that on perusal of the injury report it appears that the injury received by the injured is grievous in nature. Hence, the petitioner does not deserve the privilege of bail.

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.

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 Bhawanipur P.S. Case No. 169 of 2024, subject to the following conditions:

Patna High Court CR. MISC. No.40618 of 2025(2) dt.07-07-2025 3/3 (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) Rajorshi/- U T