Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40790 of 2025 Arising Out of PS. Case No.-455 Year-2024 Thana- PALIGANJ District- Patna ====================================================== 1.
Mukesh Kumar S/o Nagendra Chandrabanshi R/o Village- Karkat Bigaha, P.S.- Paliganj, District- Patna 2.
Rakesh Kumar S/o Nagender Chandarbanshi R/o Village- Karkat Bigaha, P.S.- Paliganj, District- Patna 3.
Munni Devi @ Mushee Devi W/o Nagender Chandrabanshi R/o VillageKarkat Bigaha, P.S.- Paliganj, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Singh For the Opposite Party/s :
Mr. Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-08-2025
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 191(2), 191(3), 190, 126, 115(2), 118, 109, 103, 352 and 351(3) of the BNS, 2023.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioner no. 3 is a woman and the informant alleges that Rajesh Chandarbanshi assaulted the nephew of the informant by Patra causing injury on head while Raju Chandarbanshi assaulted Nitu
Patna High Court CR. MISC. No.40790 of 2025(2) dt.22-08-2025 2/3 by lathi causing injury on head, thereafter Ravi Kumar along with petitioner no. 1 assaulted the bhabhi of the informant Daulti Devi by lathi causing injury on head.
4. Learned counsel for the petitioners submits that the entire family members have been implicated. It is next submitted that no doubt against Nagender Chandarbanshi and Narendra Chandarbanshi, allegation is of assaulting the father of the informant by Khanti leading to his death, but then as far as instant petitioners are concerned, though it is alleged that petitioner no. 1 assaulted the bhabhi of the informant along with Ravi, but then there is no injury report of the injured on record, further though petitioner no. 3 is alleged to have assaulted the brother of the informant by brick, but then his injury report is also not on record. It is next submitted that Nagendra Chandarbanshi and one another had moved this Court seeking regular bail by filing Criminal Miscellaneous No. 28821 of 2025 and the same was rejected by an order dated 06.
08.2025, after perusing the case diary and the postmortem report, but then in the diary, no injury report of any other injured is recorded, which amply demonstrates the falsity of the allegation.
Patna High Court CR. MISC. No.40790 of 2025(2) dt.22-08-2025 3/3 seeking anticipatory bail by filing Criminal Miscellaneous No. 28796 of 2025 and the same was allowed by an order dated 06.08.2025.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Paliganj P.S. Case No. 455 of 2024 subject to the conditions as laid down under Section 482 (2) of the BNSS.
7. Accordingly, the instant anticipatory bail application is allowed.
(Satyavrat Verma, J) Rishabh/- U T