Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 83572 of 2025 Arising Out of PS. Case No.-338 Year-2025 Thana- TRIVENIGANJ District- Supaul ====================================================== 1.
Mukesh Kumar S/o- Bilash Sah @ Rambilash Sah Janta Road Nagar Parisad Triveniganj (W.No-12 Latauna) Ps- Triveniganj Dist- Supaul 2.
Rakesh Kumar S/o- Bilash Sah @ Rambilash Sah Janta Road Nagar Parisad Triveniganj (W.No-12 Latauna) Ps- Triveniganj Dist- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Naresh Kumar Mehta For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 05-01-2026 Heard the parties.
2. The petitioners apprehend their arrest in connection with Triveniganj P.S. Case No. 338 of 2025, registered for the offences punishable under Sections 126(2), 115(2), 351(2), 352, 380(3), 303(2), 109(1), 3(5) of the BNS.
3. The allegation against the petitioners is of demand of extortion and causing assault to the son of the informant, besides snatching of Rs.25,000/- from the informant. 4.Learned Advocate for the petitioners submitted that the petitioners are none else but the consumer of the PDS shop, which is being run by the informant and only on account of some trifle, a free fight has taken place resulting into some
Patna High Court CR. MISC. No. 83572 of 2025(2) dt.05-01-2026 2/3 unfortunate injuries to the son of the informant. However, in order to wreak vengeance and put pressure, the present FIR came to be instituted with some concocted story. There is complete denial of allegation of extortion. Moreover, the petitioners are men of fair antecedent and they undertake before this Court that they will fully cooperate in the proceeding of the court. It is lastly contended that be that as it may, it is alleged that the petitioner No. 2 has assaulted the son of the informant by means of butt of the pistol, however the injuries are found to be simple in nature as is evident from the impugned order.
5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that the corresponding injury to the informant and his son clearly says about the active participation of the petitioners in the crime.
6. Having considered the submissions set forth by the learned Advocates for the respective parties and taking note of the nature of accusation, coupled with the fair antecedent and their undertaking before this Court, let the petitioners abovenamed be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with
Patna High Court CR. MISC. No. 83572 of 2025(2) dt.05-01-2026 3/3 two sureties of the like amount each to the satisfaction of the learned ACJM-I, Supaul in connection with Triveniganj P.S. Case No. 338 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further conditions:
(i) that one of the bailors shall be the own/close family members of the petitioners, (ii) that the petitioners would not indulge in intimidating the witnesses/informant or tampering with the evidence, and (iii) that in case, the petitioners shall be found indulge in intimidating the informant/witnesses or tampering with the evidence, the informant shall be at liberty to file an application for cancellation of the bail of the petitioners. (Harish Kumar, J) Anjani/- U T