Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69777 of 2025 Arising Out of PS. Case No.-309 Year-2025 Thana- RAFIGANJ District- Aurangabad ====================================================== Mukesh Kumar Son of Gaya Yadav @ Upendra Yadav R/O Village - Thawai, P.S.- Rafiganj, District - Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Mukul Kumari For the Opposite Party/s :
Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 08-10-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Rafiganj P.S. Case No. 309 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 352, 109(1), 191(2), 191(3), and 190 of the BNS.
3. As per the prosecution story, the informant has alleged that on 29/06/25, at around 10 o'clock, his brother was sitting outside his house, when all the F.I.R. named accused persons launched a violent attack on him. They began verbally abusing his brother, and when the informant intervened, they physically assaulted him in the nearby field.
Patna High Court CR. MISC. No.69777 of 2025(2) dt.08-10-2025 2/3 As a result, his brother sustained injuries on his head.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has committed no offence, he has been falsely and maliciously implicated in this case. The F.I.R. has been lodged against four named and two unknown even the petitioner named therein. According to the allegation, petitioner and co-accused persons have assaulted the brother of the informant namely, Mantu Kumar @ Narendra Kumar due to which he sustained head injury. There are general and omnibus allegation against the petitioner and three other of assaulting the brother of the informant. The petitioner is in custody since 30.06.2025 having no criminal antecedent.
5. Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.
6. Keeping in view the aforesaid facts and considering the period under custody as also the clean antecedent, let the petitioner, above named, be released on bail after framing of charge, if not framed on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Rafiganj P.S. Case No. 309 of 2025 subject to the following conditions :-
Patna High Court CR. MISC. No.69777 of 2025(2) dt.08-10-2025 3/3 (i). Petitioner will remain physically present in trial on each and every date till the disposal of the case failing which, on two consecutive dates without reasonable cause, the bail bond of the petitioner may be cancelled by the Trial Court.
(ii). One of the bailor shall be his family member. (S. B. Pd. Singh, J) Ankit Kumar/- U T