Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The bail petition was dismissed, denying the petitioner relief.
Summary
The petitioner, Mukesh Kumar, was accused of participating in a violent assault on 30 April 2024, during which the informant was grievously injured and property was damaged. The prosecution alleged that the petitioner, along with others, used weapons such as lathis, iron rods, and a farsa to assault the informant and vandalise his house and tractor. The petitioner claimed he was falsely implicated and asserted a clean antecedent, seeking bail. The State opposed bail, emphasizing the direct allegation of assault and the seriousness of the injuries. The Court, after considering the nature of the offences and the petitioner’s alleged active involvement, rejected the bail application.
Issues considered
- Whether bail should be granted to the petitioner given the seriousness of the offences under sections 147, 148, 149, 341, 323, 324, 307, 447, 379 and 504 of the IPC.
- Whether the petitioner’s alleged involvement warrants denial of bail.
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 307, 323, 324, 341, 379, 447, 504
Subjects
- bail
- Indian Penal Code
- assault
- rioting
- grievous injury
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14324 of 2026
Arising Out of PS. Case No.-183 Year-2024 Thana- CHIRAIYA District- East Champaran
======================================================
Mukesh Kumar, Son of Dilip Sahani Resident of Village- Akauna, P.S.-
Chiraiya, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Asif Kalim, Advocate
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 27-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under sections 147, 148, 149, 341, 323,
324, 307, 447, 379 and 504 of the Indian Penal Code.
3. As per the prosecution case, on 30.04.2024 at about
6 PM, while the informant was sitting at his home, in the
meantime, all the accused persons including this petitioner
armed with lathi, iron rod and farsa came there and started
abusing him and the petitioner assaulted him with farsa due to
which informant sustained grievous injury. It is further alleged
that all the accused persons pelted stones and bricks on house of
informant and damaged household properties, tractor of
informant.
4. Learned counsel for the petitioner submitted that
Patna High Court CR. MISC. No.14324 of 2026(2) dt.27-04-2026
2/2
petitioner has falsely been implicated in the present case. There
is case and counter case between the parties. Petitioner claims
clean antecedent.
5. Learned counsel for the State opposes the bail
petition of the petitioner and submits that there is direct
allegation of assault against the petitioner. The doctor opined
the injury as grievous in nature.
6. Considering the nature of accusation, nature of
injury and active involvement of the petitioner in the
occurrence, prayer for bail of the petitioner is rejected.
(Prabhat Kumar Singh, J)
khushbu/-
U T
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