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Patna High CourtCR. MISC./59536/2025bail granted

Mukul Kumar v. The State Of Bihar

2025-09-03Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59536 of 2025 Arising Out of PS. Case No.-166 Year-2024 Thana- BALIGAON District- Vaishali ====================================================== Mukul Kumar S/o Dinesh Ray R/o Village- Milki, P.S.- Tisiauta, DistrictVaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr. Advocate Mr. Amit Kumar, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 190, 191(2), 191(3), 103 of the Bharatiya Nyaya Sanhita.

3. Prosecution case, in brief, is that on 02.12.2024 at about 6 PM, all the F.I.R. named accused persons, including this petitioner, hurled verbal abuses, damaged the house of informant and assaulted her father by means of lathi, stick, spear, knife, etc. as a result of which he died during course of treatment.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. From bare perusal of the First Information report 23 named accused

Patna High Court CR. MISC. No.59536 of 2025(2) dt.03-09-2025 2/2 persons assaulted father of the informant but as per post-mortem report, deceased sustained only four injuries which itself raises doubt over veracity of the prosecution case. Allegation of assault is general and omnibus and there is no specific allegation of overt act against petitioner. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the backdrop of the case, nature of accusation and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional District & Sessions Judge-VIII, Vaishali at Hajipur in connection with Baligaon P. S. Case No. 166 of 2024, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) Navya/- U T