Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Arms Act — s. 27
- B.N.S., 2023 — s. 309(6)
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
Checking your session…