Patna High Court
Mukesh VermaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Bail was granted to the petitioner with specified conditions.
Summary
Mukesh Verma was arrested in connection with a violent assault case (Kauwakole P.S. Case No. 168 of 2025) involving multiple offences under sections 191(3), 189(4), 126(2), 115(2), 117(3), 118(2), 109, 305(9), 324(4), 76, 74, 114(4), 352 and 351(3) of the BNS. The prosecution alleged that the petitioner, along with others, inflicted injuries using iron rods, swords and other weapons, and also dragged a body outside a boundary wall. The petitioner had been in custody since 30‑04‑2025 and argued that the injuries were simple and he would cooperate with the trial. The State opposed bail, contending that the petitioner participated in repeated blows causing injuries. The Court, noting the simplicity of the injuries and the length of custody, decided to grant bail subject to strict conditions including surety, regular court appearances, police attendance, non‑interference with witnesses, and abstention from further offences. The bail bond was set at Rs.10,000 with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged.
- Whether the simplicity of the injuries and the duration of pre‑trial custody justify the grant of bail.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 109, 114(4), 115(2), 117(3), 118(2), 126(2), 189(4), 191(3), 305(9), 324(4), 351(3), 352, 74, 76
Subjects
- bail
- assault
- simple injuries
- pre‑trial detention
- criminal procedure
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15051 of 2026
Arising Out of PS. Case No.-168 Year-2025 Thana- KAUWAKOL District- Nawada
======================================================
Mukesh Verma Son of Ashok Verma R/o Village - Jagochak, P.S. - Kawakole,
Dist. - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Adv.
Mr. Kumar Rajdeep, Adv.
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 24-04-2026 Heard Mr. N.K. Agrawal, learned Senior Counsel
for the petitioner and Mr. Bharat Bhushan, learned APP.
2. The petitioner is in custody in connection with
Kauwakole P.S. Case No. 168 of 2025 for the offence
punishable under sections 191(3), 189(4), 126(2), 115(2),
117(3), 118(2), 109, 305(9), 324(4), 76, 74, 114(4), 352 and
351(3) of the BNS.
3. As per the prosecution story, the informant alleged
that the named accused persons alongwith unknown armed
variously entered the house and assaulted her husband and
family members. The allegation against Rizwan Khan is of
using sword to hit on the head of the informant's husband
whereas Afzal Khan and Shahwaz Khan beside Monu Khan
Patna High Court CR. MISC. No.15051 of 2026(3) dt.24-04-2026
2/4
gave iron rod blow to the brother-in-law Dilip Singh on the
head. Further allegation is that Mohan Khan and Mukesh Verma
(petitioner herein) gave iron rod blow on the hand, leg and head
causing injuries. Further, Sohail Khan and Sohrab Khan
assaulted the mother-in-law causing injury in the hand whereas
Arbaz Khan and Saroj Khan beside Saurav Singh gave khanti
blow to the informant as also other family members. Further
allegation against this petitioner and Vikash Verma is of
dragging the body outside the boundary wall. When the brother-
in-law came to the rescue, Nitu Devi gave brick blow causing
injuries. This led to the F.I.R.
4. Earlier, the case diary and the Trial Court Report
were called for which are now part of the record and it shows
that cognizance has been taken in the matter on 31.10.2025 and
since Sohrab Khan absented himself, the case is waiting for his
appearance for which summon has been issued.
4. Learned Senior counsel for the petitioner submits
that allegation of assault is there against him along with Mohan
Khan and the injuries have been found to be simple in nature, he
has remained in custody since 30.04.2025 and if granted relief,
shall be diligently appearing in trial/ failure to do so, appropriate
steps can be taken for cancellation of bail bond.
Patna High Court CR. MISC. No.15051 of 2026(3) dt.24-04-2026
3/4
5. Learned APP opposes the prayer for bail submitting
that along with Mohan Khan, he gave repeated blow causing
injuries.
6. Considering the submissions of the parties
aforesaid as also that it has been recorded that the injuries have
been found to be simple in nature, he has remained in custody
since 30.04.2025, this Court is inclined to extend him the
privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten thousand) each with two sureties
of like amount each to the satisfaction of learned Court of Chief
Judicial Magistrate, Nawada in connection with Kauwakole
P.S. Case No. 168 of 2025 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned
police station every fortnight for six months to mark his
Patna High Court CR. MISC. No.15051 of 2026(3) dt.24-04-2026
4/4
attendance and at the end of the period, the certificate be
submitted to the Court;
(iv) the petitioner 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;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
Checking your session…