Mukesh Yadav @ Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No 73938 of 2025 Arising Out of PS. Case No.-101 Year-2024 Thana- PALI District- Jehanabad ====================================================== Mukesh Yadav @ Mukesh Kumar Son of Rajkishor Yadav @ Raj Kishor Yadav Resident of village - Lalban Bigha, P.S.- Pali, District - Jehanabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mungeshwar Kumar For the Opposite Party/s :
Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR JUSTICE AJIT KUMAR ORAL ORDER 19-11-2025 Heard learned counsel for the petitioner and the learned APP for the State.
2 The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 109 (1), 303 (2), 352, 3 (5) of the BNS, 2023.
3 The prosecution case is that on 28.11.2024, the informant was going to his home at about 4 pm and when he reached near Lalvan Bigha more by motorcycle then Uttam Kumar, Mukesh Kumar and Sonu Kumar had stopped his motorcycle and started hurling abuse to him. When he opposed from doing so then Rakesh Kumar hurled abuse to him and Uttam Kumar assaulted him on his head with iron rod. Consequently, his head was broken and blood started oozing.
Patna High Court CR. MISC. No.73938 of 2025(2) dt.19-11-2025 2/3 Thereafter, Sonu Kumar assaulted him on his right eye with iron rod due to which he received injury beneath his eye and blood started oozing from there also. It is further alleged by the informant that Uttam Kumar and Mukesh Kumar snatched gold chain and cash of Rs 10,000/- from his pocket and started assaulting him with first and belt. When he raised alarm then all the accused persons fled away.
4 Learned counsel for the petitioner submits that there is nothing specific against this petitioner of having caused any injury to the informant. It has next been submitted that there is only allegation of snatching golden chain and Rs 10,000/- against this petitioner which is ornamental in nature. It has next been submitted that co-accused Rakesh Yadav, against whom similar allegation has been levelled, has been extended the privilege of anticipatory bail by this Court by order dated 18.11.2025 passed in Cr Misc No 73163 of 2025. 5 Considering the aforesaid facts, this Court is inclined to grant the privilege of anticipatory bail to the petitioner.
6 Let the petitioner abovenamed, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of this order, be released on
Patna High Court CR. MISC. No.73938 of 2025(2) dt.19-11-2025 3/3 bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of CJM, Jehanabad in Pali PS Case No 101 of 2024 dated 29.11.2024 subject to all conditions as laid down in Section 482 of the BNSS, 2023 and also the following conditions:
(i) One of the bailors should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) The petitioner shall appear on each and every date before the trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the trial Court itself;
(iii) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds; and (iv) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
7 This application is allowed.
(Ajit Kumar, J) M.E.H./- U T