Mukesh Rai @ Mukesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84716 of 2025 Arising Out of PS. Case No.-509 Year-2023 Thana- SARAIYA District- Muzaffarpur ====================================================== 1.
Mukesh Rai @ Mukesh Yadav S/O Bachhu Rai R/O Village- Pokhraira, P.SSaraiya (O.P. Jaitpur), Distt.- Muzaffarpur. 2.
Jaikishun Rai S/O Late Sheetal Rai R/O Village- Pokhraira, P.S- Saraiya (O.P. Jaitpur), Distt.- Muzaffarpur.
3.
Ramji Rai S/O Late Sheetal Rai R/O Village- Pokhraira, P.S- Saraiya (O.P. Jaitpur), Distt.- Muzaffarpur.
4.
Deepak Kumar S/O Shomi Rai R/O Village- Pokhraira, P.S- Saraiya (O.P. Jaitpur), Distt.- Muzaffarpur.
5.
Laxman Rai @ Laxman Kumar Rai S/O Late Sheetal Rai R/O VillagePokhraira, P.S- Saraiya (O.P. Jaitpur), Distt.- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Santosh Kumar, Advocate For the State :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-03-2026 Heard Mr. Santosh Kumar, learned counsel appearing on behalf of the petitioners and Mr. Pramod Kumar Pandey, learned APP appearing on behalf of the State.
2. The prayer for grant of anticipatory bail to Petitioner No. 2 has already been dismissed as withdrawn vide order dated 23.12.2025.
3. Petitioner Nos. 1, 3, 4 and 5 apprehend their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 354, 307, 504 and 34 of the Indian Penal Code.
Patna High Court CR. MISC. No.84716 of 2025(5) dt.17-03-2026 2/3
4. As per prosecution case, all 14 F.I.R. named accused persons, including these petitioners, assaulted informant and his family members and also snatched Mangalsutra and other articles.
5. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. The present case is counter-blast of Saraiya P.S. Case No. 96 of 2023 which was lodged by Jaikishun Rai against informant and others and only with a view to save their skin from the aforesaid case, this false and concocted case has been lodged. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against these petitioners. Rest of the allegations are ornamental in order to make the case grave.
6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
7. Considering the facts and circumstances of the case, case and counter-case between the parties and general and omnibus nature of accusation, the prayer for grant of anticipatory bail to Petitioner Nos. 1, 3, 4 and 5 is allowed.
8. Accordingly, in the event of arrest/surrender within
Patna High Court CR. MISC. No.84716 of 2025(5) dt.17-03-2026 3/3 a period of eight weeks from today, let the above named Petitioner Nos. 1, 3, 4 and 5 be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 4th, Muzaffarpur (West) in connection with Saraiya P.S. Case No. 509 of 2023, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T