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Patna High Court

Mukesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioner.

Summary

Mukesh Kumar was arrested in connection with a robbery and shooting at a State Bank of India CSP, charged under Section 309(6) of the B.N.S., 2023 and Section 27 of the Arms Act. The prosecution’s case is based mainly on the confessional statement of a co‑accused, Dilip Kumar, while the petitioner claims he was not present at the scene and no incriminating material was found on him. He has two prior criminal cases, for which he is already on bail, and has been in custody since 24‑09‑2025. The State opposed his bail application. The High Court, after considering the nature of the allegations, the fact that charges have been framed and the period of custody already served, ordered that the petitioner be released on regular bail upon furnishing a bond of Rs 10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the seriousness of the offences and the existence of a confessional statement of a co‑accused implicating him.

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • arms act
  • confessional statement
  • co‑accused
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1402 of 2026
                      Arising Out of PS. Case No.-403 Year-2025 Thana- TURKAULIYA District- East
                                                       Champaran
                 ======================================================
                 Mukesh Kumar S/o Madan Pandit R/o Village- Madhav Pur ,P.S-Kalyan
                 Pur ,District-East Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vijay Shankar Shrivastava, Advocate.
                 For the Opposite Party/s :       Mr. Nagendra Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

4   26-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Turkauliya P.S. Case No.403 of 2025 for the offences registered

                   under Sections 309(6) of the B.N.S., 2023 and Section 27 of the

                   Arms Act.

                                3. As per the prosecution case, while the informant was

                   at his C.S.P. center of State of Bank of India, in the meantime,

                   three miscreants on a apache motorcycle came there and entered

                   in the C.S.P. center and thereafter on gun point took the laptop of

                   informant. When the informant protested, one of the accused

                   persons fired upon him due to which he received injury and the

                   said miscreants managed to escape with the laptop of informant.

                                4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.1402 of 2026(4) dt.26-02-2026
                                            2/3




          petitioner is innocent and has falsely been implicated in this case.

          He further submits that petitioner was not present at the spot and

          no incriminating article has been recovered from his possession.

          Learned counsel submits that name of petitioner is transpired in

          this case only on the basis of confessional statement of the co-

          accused, Dilip Kumar. Save and except confessional statement of

          co-accused, there is no material against the petitioner. He further

          submits that petitioner has two criminal antecedents and he is on

          bail in both the cases. Learned counsel submits that similarly

          situated co-accused namely Arun Kumar has been granted regular

          bail by the Co-ordinate Bench of this Court vide order dated

          15.01.2026 passed in Cr. Misc. No.1336 of 2026. He further

          submits that charge against the petitioner has already been framed,

          he is in custody since 24.09.2025 and he undertakes to co-operate

          in the trial.

                       5. Learned counsel appearing on behalf of the State

          opposes the prayer for grant of bail to the petitioner.

                       6. Considering the submissions made on behalf of the

          parties, facts and circumstances of the case, the nature of

          allegation against the petitioner and the fact that charge against

          the petitioner has already been framed as well as the period of

          custody already undergone by him, let the petitioner, named

          above, be enlarged on bail upon furnishing bail bond of
              Patna High Court CR. MISC. No.1402 of 2026(4) dt.26-02-2026
                                                          3/3




                        Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

                        amount each to the satisfaction of learned Chief Judicial

                        Magistrate, Motihari, East Champaran/ concerned Court in

                        connection with Turkauliya P.S. Case No.403 of 2025.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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