Patna High Court
Mukesh Singh @ Mukesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court denied bail, holding that the seriousness of the alleged assault warranted continued custody.
Summary
The petitioner, Mukesh Singh, applied for regular bail in a case registered under multiple sections of the Bhartiya Nyaya Sanhita, 2023, alleging assault with an axe that caused serious injuries to the informant. The prosecution alleged that the petitioner, along with two others, attacked the informant, while the petitioner claimed false implication and no prior criminal record. The court examined the seriousness of the alleged assault and the presence of injuries on the informant. Considering the gravity of the charges and the evidence of injury, the court declined to grant bail. The petitioner was directed that he may renew his bail application after six months.
Issues considered
- Whether the petitioner is entitled to regular bail under the provisions of the Bhartiya Nyaya Sanhita, 2023 in view of the alleged assault with an axe and resulting injuries.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- bail
- regular bail
- assault
- criminal procedure
- Bhartiya Nyaya Sanhita
- injury
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18199 of 2026
Arising Out of PS. Case No.-240 Year-2025 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
Mukesh Singh @ Mukesh Kumar Singh Son of Late Ram Bahadur Singh R/o
Village - Khanhar Ward no. 10, P.S. - Begusarai Muffasil, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bipin Kumar, Advocate
Mr. Ravi Kant, Advocate
Mr. Sarita Kumari, Advocate
Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 07-05-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Begusarai Muffasil P.S.
Case no.240 of 2025 registered under sections 126(2), 115(2),
109(1), 118(1), 303(2), 352, 351(2) and 3(5) of the Bhartiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that the petitioner armed with an axe as also Bandana Devi and
Fruti Kumari armed with hasua and dabia are said to have
assaulted the informant resulting in serious injuries.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. No such
Patna High Court CR. MISC. No.18199 of 2026(3) dt.07-05-2026
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occurrence as alleged in the FIR has taken place and the manner
of occurrence is other than what has been narrated therein. The
petitioner is in custody since 4.1.2026 and has no criminal
antecedent.
5. The application for bail is opposed by learned A.P.P
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner of
having assaulted the informant with an axe on her head together
with the corresponding injury having been found on the body of
the informant, the Court is not inclined to enlarge the petitioner
on bail and the application is rejected.
7. Liberty is granted to the petitioner to renew his
prayer for bail after six months.
(Partha Sarthy, J)
Shiv/-
U T
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