Patna High Court
Mukesh Yadav @ Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court held that bail should be granted to the petitioner subject to the stipulated conditions.
Summary
Mukesh Yadav sought bail fearing arrest in a case (Roshanganj PS Case No.100 of 2022) involving offences under IPC sections 427 and 307 and Arms Act section 27, where two motorcyclists allegedly set a JCB on fire and shot a helper during bridge construction. The petitioner was not named in the FIR and was implicated solely on the confessional statement of co‑accused Dhananjay Chaudhary, with no material recovered from him and no prior criminal record. The petitioner argued that the same co‑accused had been granted anticipatory bail in a similar matter, and that the allegations against him were false. The State opposed bail, citing the seriousness of the offences. The Court, after considering the circumstances, ordered that the petitioner be released on bail upon furnishing a Rs 10,000 bond with two sureties and compliance with conditions under Section 482(2) of the BNSS and additional safeguards, thereby granting the bail petition.
Issues considered
- Whether bail should be granted in a case involving offences under IPC sections 427, 307 and Arms Act section 27.
- Whether a confessional statement of a co‑accused alone suffices to justify denial of bail.
- Whether the petitioner’s clean criminal record and the grant of anticipatory bail to a similarly situated co‑accused warrant bail.
- Whether conditions under Section 482(2) of the BNSS can be imposed on bail in such circumstances.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 307, 427
Subjects
- bail
- anticipatory bail
- IPC
- Arms Act
- confessional statement
- false implication
- criminal antecedents
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10274 of 2026
Arising Out of PS. Case No.-100 Year-2022 Thana- ROSHANGANJ District- Gaya
======================================================
Mukesh Yadav @ Mukesh Kumar S/o Naresh Yadav @ Ramanaresh Yadav
R/o Village- Lemboiyah, PS- Roshanganj, Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar
For the Opposite Party/s : Mr. Md. Matloob Rab
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Roshanganj P.S. Case No.100 of 2022,
registered for the offence punishable under Sections 427, 307 of
the Indian Penal Code and 27 of Arms Act.
3. As per the FIR, during the construction work of
bridge under Pradhan Mantri Gram Sadak Yojana for the route
Lemboiya to Pananniya, two motorcycle riders set one JCB
machine on fire and also shot helper Pintu Kumar.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in this
case. Petitioner is not named in the FIR and there is no recovery
from the conscious possession of the petitioner. The name of the
Patna High Court CR. MISC. No.10274 of 2026(2) dt.25-02-2026
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petitioner transpired only on the basis of confessional statement
of apprehended co-accused, namely, Dhananjay Chaudhary. It is
further submitted that similarly situated co-accused person has
been granted anticipatory bail vide order dated 02.05.2025
passed in Cr. Misc. No.8327 of 2025. Lastly, it is submitted that
the petitioner has no criminal antecedents.
5. On the other hand, the learned APP for the State
has opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the
case, let the above named petitioner, be released on bail, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks from today, on furnishing bail bond
of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Judicial
Magistrate 1st Class, Sherghati at Gaya/Successor Court in
connection with Roshanganj P.S. Case No.100 of 2022, subject
to the conditions as laid down under Section 482(2) of the
BNSS as well as the following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/ personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every
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date before the Trial Court and failure to do so for two
consecutive dates without plausible reason will entail
cancellation of his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
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