Mahesh KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19417 of 2026
                      Arising Out of PS. Case No.-523 Year-2025 Thana- RAMGARHWA District- East
                                                       Champaran
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                 Mahesh Kumar S/o- Jhunna Sah @ Jhuna Sah Resident of village - Harnai,
                 P.S. Raxaul, District- East Champaran

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajay Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   31-03-2026                    Heard Mr. Ajay Kumar Singh, learned counsel for

                   the petitioner and Mr. Anil Kumar, learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   29.12.2025 in connection with Ramgarhwa P.S. Case No. 523 of

                   2025, F.I.R. dated 27.12.2025 for the offences punishable under

                   Sections 111, 303(2), 287, 317(2), 317(4), 317(5) and 318(4) of

                   the BNS, 2023, Section 3/4 of the Explosive Substance and

                   Section 7 of the E.C. Act.

                               3. According to prosecution case, this petitioner along

                   with other accused persons were found manufacturing

                   adulterated petrol.

                               4. Learned counsel for the petitioner submits that
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          petitioner has clean antecedent and he has falsely been

          implicated in the present case. The allegation as alleged in the

          FIR is false and fabricated and the petitioner has not committed

          any offence as alleged in the FIR. In fact, the petitioner is a

          labourer engaged by the main accused, namely, Anamullah

          Mian and Md. Nurullah and the petitioner has no concern at all

          with the alleged occurrence. He further submits that the police

          after investigation submitted the charge sheet against the

          petitioner. He further submits that similarly situated, co-accused,

          namely, Hakim Hawai and Shyambabu Kumar Ram have been

          granted bail by a Co-ordinate Bench of this Court vide order

          dated 16.03.2026 passed in Cr. Misc. No. 15609 of 2026. The

          petitioner is in custody since 29.12.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          that the petitioner has clean antecedent and the similarly situated

          co-accused persons have been granted bail by a Co-ordinate

          Bench of this Court, 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

          the learned Sub Divisional Judicial Magistrate, Raxaul at
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                      Motihari, East Champaran in connection with Ramgarhwa P.S.

                      Case No. 523 of 2025, subject to 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

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his 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)
Vanisha/-

U      T