Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond and specific conditions.
Summary
Mukesh Kumar was arrested on 25 January 2026 in connection with FIR dated 26 November 2025 alleging assault on an informant's family and on Saurav Poddar, invoking multiple offences under the Bihar Narcotic Substances Act, 2023. The petitioner contended that the FIR was fabricated and that he had no intention to kill anyone, seeking bail. The State opposed bail, highlighting the specific assault allegations and a prior case where the petitioner was already on bail. The Court examined the nature of the allegations, the petitioner’s custody status, and the absence of any indication of flight or tampering risk. It granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, presence in court, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to the Chief Judicial Magistrate, Begusarai.
Issues considered
- Whether bail should be granted to the petitioner despite allegations of assault under multiple sections of the Bihar Narcotic Substances Act, 2023.
- Whether the petitioner poses a risk of tampering with evidence or witnesses.
- Whether prior pending cases affect the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 118, 118(1), 126(2), 303(2), 3(5), 351(2), 352, 76
Subjects
- bail
- assault
- Bihar Narcotic Substances Act
- criminal procedure
- court conditions
- verification of antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15049 of 2026
Arising Out of PS. Case No.-439 Year-2025 Thana- BAKHARI District- Begusarai
======================================================
Mukesh Kumar S/o Suresh Chaudhary @ Suresh Choudhary R/o vill - Sonma
Bakhri, P.S.- Bakhri, Distt.- Begusarai, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Akash Kumar Mishra, Advocate
For the Opposite Party/s : Mr.Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 11-03-2026 Heard Mr.Akash Kumar Mishra, learned counsel for
the petitioner and Mr.Parmanand Kumar, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
25.01.2026 in connection with Bakhri P.S. Case No. 439 of
2025, F.I.R. dated 26.11.2025 registered for the offence
punishable under Sections 126(2), 115(2), 118(1), 118, 109, 76,
303(2), 352, 351(2),3(5) of BNS, 2023.
3. Allegation against the petitioner is that he
alongwith other accused persons assaulted the informant and her
family members causing severe injuries. Further allegation is
that the also assaulted to Saurav Poddar.
4. Learned counsel appearing for the petitioner
submits that the allegation as alleged in the FIR is false and
Patna High Court CR. MISC. No.15049 of 2026(2) dt.11-03-2026
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fabricated and the petitioner has not committed any offence as
alleged in the FIR. As per allegation in the FIR, the petitioner
has assaulted to one Saurav Poddar, although, he has received
the injury but there was no intention to kill anyone. Apart from
the aforesaid, there is other allegation against the petitioner and
other co-accused persons that they have assaulted to the family
members of the informant and the petitioner is in custody since
25.01.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that there is direct and
specific allegation of assault attributed against the petitioner
apart from that, the petitioner carries one more case other than
the present one but he fairly submits that the petitioner is on bail
in the said cases, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Begusarai in connection with Bakhri P.S. Case No. 439 of
2025,with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
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and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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