Mukesh Pathak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68707 of 2025 Arising Out of PS. Case No.-212 Year-2025 Thana- MEHSI District- East Champaran ====================================================== Mukesh Pathak S/o Late Lalan Pathak R/o Village- Maruabaad, PS- Jai Bajranj (OP) Mehasi, Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar Pathak, Advocate For the Opposite Party/s :
Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-11-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Mehasi P.S. Case No. 212 of 2025 instituted for the offences under Sections 127(2), 127(7), 308(3), 308(4), 351(2), 111(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case is that on 23.07.2025 at about 11:45A.M., the petitioner along with others abducted the informant's brother Arjun Prasad and nephew Abhishek near Khesari Chowk and confined them at the house of the petitioner where they were assaulted. They were later released with a threat of dire consequences if the matter was reported to the police.
Patna High Court CR. MISC. No.68707 of 2025(3) dt.14-11-2025 2/3
4. Learned counsel for the petitioner submitted that petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that no injury has been caused to any person in the alleged occurrence. It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.07.2025 and has forty (40) criminal antecedents, out of which petitioner is acquitted in nine (9) cases. Other co-accused have been granted bail by this Court vide order dated 15.09.2025, passed in Cr. Misc. No. 65287 of 2025.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is fervently submitted that petitioner is accused in thirty-one (31) cases, which are more or less of similar nature, hence, he may not be released on bail. Charge sheet has already been submitted in this case under Sections 127(2), 127(7), 308(3), 308(4), 351(2), 111(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.
6. Considering the aforesaid facts and circumstances of the case and specifically taking into account the large number of criminal antecedents, most of which are of similar nature, this
Patna High Court CR. MISC. No.68707 of 2025(3) dt.14-11-2025 3/3 Court at this stage is not inclined to grant bail to the petitioner. Prayer for grant of bail to the petitioner is hereby rejected.
7. The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.
8. However, petitioner will be at liberty to renew his prayer for bail if the trial is not concluded within a period of five months from today.
(Rudra Prakash Mishra, J) Raj Kishore/- U T