Patna High Court
Mukesh kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner.
Summary
Mukesh Kumar was arrested in connection with a case registered under Sections 302, 120B, 201 and 34 of the Indian Penal Code for the alleged murder of a deceased person. He had been in custody since 22 September 2025, but the prosecution could not produce any material linking him to the offence. The petitioner filed a bail application before the Patna High Court, represented by Mr. Dinesh Chaudhary. The learned judge examined the lack of substantive evidence and the prolonged period of detention. Considering these factors, the court granted bail on a bond of Rs. 10,000 with two sureties, while expressly stating that the order was limited to the bail application and did not prejudice the trial. The judgment did not address the merits of the underlying criminal charges.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under Sections 302, 120B, 201 and 34 IPC.
- Whether the absence of material evidence and the length of pre‑trial custody justify the grant of bail.
Legislation cited
- Indian Penal Code — s. 120B, 201, 302, 34
Subjects
- bail
- murder
- criminal conspiracy
- Indian Penal Code
- pre‑trial detention
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16486 of 2026
Arising Out of PS. Case No.-82 Year-2024 Thana- MASAUDHI District- Patna
======================================================
Mukesh kumar Son of Radhey Krishna Singh Resident Of Village- Sarbadhi
Ps -Masaurhi District -Patna
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dinesh Chaudhary
For the Opposite Party/s : Mr.Bharat Lal
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Masaurhi P.S. Case No. 82 of 2024 registered for the offence
under Sections 302, 120B, 201/34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and
others are suspected of killing the deceased.
4. The petitioner is in custody since 22.09.2025
and except for suspicion there is no material against the
petitioner to connect him with the alleged offence.
5. Considering the facts of the case and the period
of custody of the petitioner, this application is allowed.
6. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
Patna High Court CR. MISC. No.16486 of 2026(2) dt.24-04-2026
2/2
with two sureties of the like amount each to the satisfaction of
the learned concerned Court below in connection with Masaurhi
P.S. Case No. 82 of 2024.
7. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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