Patna High Court
Mukesh Yadav @ Mukesh Kumar @ Mukesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner on the condition of a bail bond and sureties.
Summary
The petitioner, Mukesh Yadav, applied for bail in a case originally registered under Sections 364, 120‑B and 34 of the IPC, with Sections 302 and 201 later added. The prosecution alleged that the petitioner, along with co‑accused, murdered the informant’s son due to a personal dispute. The petitioner argued that the FIR was based only on suspicion, the informant was not an eye‑witness, and key witnesses had turned hostile, leaving no material linking him to the crime. The State opposed bail, citing the seriousness of the offences. The court, noting the lack of substantive evidence and the fact that similarly situated co‑accused had already been released on bail, ordered the petitioner’s release on bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences (IPC Sections 364, 120‑B, 34, 302, 201).
- Whether the prosecution has produced sufficient material evidence to justify continued detention.
Legislation cited
- Indian Penal Code — s. 120, 201, 302, 34, 364
Subjects
- bail
- IPC
- Section 364
- Section 120-B
- Section 34
- Section 302
- Section 201
- criminal conspiracy
- murder
- hostile witnesses
- evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1806 of 2026
Arising Out of PS. Case No.-305 Year-2023 Thana- TRIVENIGANJ District- Supaul
======================================================
Mukesh Yadav @ Mukesh Kumar @ Mukesh Kumar Yadav Son of Brahmdeo
Yadav R/o Village - Barah Kurwa/ Wad no. 05, P.S. - Triveniganj, Dist. -
Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Naresh Kumar Mehta
For the Opposite Party/s : Mr.Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for
offence under Sections 364, 120-B and 34 of IPC and later on
302 and 201 of IPC was added.
3. The prosecution case, in brief, is that on 18.07.2023
at about 3:00 A.M., informant’s son proceeded to the
agricultural field but did not return. Upon search, informant
ascertained that his son was involved in an intimate relationship
with co-accused Chandani Kumari, on account of which, all the
accused persons used to threaten the son of informant.
Informant suspects that due to aforesaid reason, this petitioner
along with other co-accused persons killed his son.
Patna High Court CR. MISC. No.1806 of 2026(2) dt.13-02-2026
2/2
4. Learned counsel for the petitioner submitted that
F.I.R. has been lodged against 6 accused persons including this
petitioner. Informant is not an eye witness to the alleged
occurrence and only suspicion has been raised against
petitioner and others. He further submits that during trial, some
of the witnesses have turned hostile and there is no material
against petitioner to connect him with the alleged occurrence.
Petitioner is in custody since 13.10.2025. Similarly situated co-
accused persons has already been granted bail by Co-ordinate
Bench of this Hon’ble Court vide order dated 08.10.2025 in
Cr. Misc. Nos. 22861 of 2025 with 27662 of 2025.
5. Learned A.P.P. opposes the bail application.
6. Considering the nature of accusation and period of
custody, let the above named petitioner 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
A.C.J.M. 1st Supaul in connection with Triveniganj P.S. Case
No. 305 of 2023.
(Prabhat Kumar Singh, J)
anay
U T
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