Mukul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73591 of 2025 Arising Out of PS. Case No.-11 Year-2020 Thana- JANDAHA District- Vaishali ====================================================== Mukul Kumar, aged about 28 years, S/o Ram Dular Rai Resident of Village - Kadilpur, P.S - Mahua, District - Vaishali, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prakash Chandra, Advocate For the Opposite Party/s :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-11-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner is in custody in a case registered for the offence punishable under Section 395, 412, 413 and 120(B) of IPC.

3. As per the allegation in the FIR, the petitioner along with other co-accused person armed with weapons have committed dacoity by looting the Bolero Pick Up vehicle loaded with medicines, mobile phones, bag containing papers of medicines and cash of the informant.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He next submits that petitioner is not named in the FIR

Patna High Court CR. MISC. No.73591 of 2025(2) dt.19-11-2025 2/3 and name of the petitioner has been transpired from the confessional statement of a co-accused person, namely, Vinod Kumar. He further submits that no incriminating article has been recovered from the possession of the petitioner. He next submits that similarly situated co-accused persons, namely Tuntun Kumar Pandit vide Cr. Misc. No. 22155 of 2020 dated 26.08.2020, Adarsh Kushwaha @ Guddu vide Cr. Misc. 26631 of 2020 dated 12.12.2020, Awadhesh Singh vide Cr. Misc. No.29357 of 2020 dated 08.12.2020, Vivek Kumar vide Cr. Misc. No. 35013 of 2020 dated 22.01.2021, Babloo Kumar vide Cr. Misc. No. 72019 of 2022 dated 20.03.2023, and Ajay Rai @ Ajay Kumar vide Cr. Misc. No. 73390 of 2024 dated 29.11.2024 have already been granted bail by co-ordinate Benches of this Court.

He further submits that investigation has already concluded and accordingly charge-sheet has been submitted but no TIP has been conducted by the Investigating Officer during the investigation. He further submits petitioner is in custody since 13.08.2025 and has no criminal antecedent as stated in para-3 of the bail petition.

5. Learned APP for the State opposes the prayer for Regular bail of the petitioner.

6. Considering the facts and circumstances of the case

Patna High Court CR. MISC. No.73591 of 2025(2) dt.19-11-2025 3/3 as well as the submissions made by learned counsel for the petitioner and also the fact that similarly situated co-accused persons, namely, Tuntun Kumar Pandit vide Cr. Misc. No. 22155 of 2020 dated 26.08.2020, Adarsh Kushwaha @ Guddu vide Cr. Misc. 26631 of 2020 dated 12.12.2020 Awadhesh Singh vide Cr. Misc. No.29357 of 2020 dated 08.12.2020, Vivek Kumar vide Cr. Misc. No. 35013 of 2020 dated 22.01.2021, Babloo Kumar vide Cr. Misc. No. 72019 of 2022 dated 20.03.2023, and Ajay Rai @ Ajay Kumar vide Cr. Misc. No. 73390 of 2024 dated 29.11.2024 have already granted bail by co-ordinate Benches of this Court, let the above named petitioner be released on bail, on his furnishing bail bonds of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VII, Vaishali District Court in Hajipur in connection with Jandaha P.S. Case No.11 of 2020.

(Ramesh Chand Malviya, J) Harshita/- U T