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Patna High Court

Mukesh SoniversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

Bail was denied to the petitioner.

Summary

Mukesh Soni was arrested on 7 October 2025 in connection with PS‑Dandari case No. 131 of 2025, alleged to have assaulted and thrown acid on the husband of an informant. The petitioner pleaded innocence, claiming the FIR was fabricated and the incident stemmed from a petty dispute. The prosecution opposed bail, highlighting the injury report that showed severe ocular damage consistent with an acid attack. The petitioner’s counsel, Mr. Braj Bhusan Poddar, sought bail, while the State’s Additional Public Prosecutor, Mr. Anil Kumar, argued the seriousness of the charges under the BNS, 2023. The court, after considering the nature of the allegations and the medical evidence, declined to grant bail. Consequently, the petition for bail was refused.

Issues considered

  • Whether bail should be granted to the accused in view of the alleged acid attack and assault under the BNS, 2023.

Legislation cited

  • BNS, 2023 — s. 109, 115(2), 118(1), 124(1), 126(2), 329(3), 3(5)

Subjects

  • bail
  • acid attack
  • assault
  • false FIR
  • BNS 2023
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19446 of 2026
                     Arising Out of PS. Case No.-131 Year-2025 Thana- DANDARI District- Begusarai
                 ======================================================
                 Mukesh Soni S/o Late Bishnudev Soni @ Vishnu Soni Resident of Village-
                 Tetri, P.S.- Dandari, District- Begusarai
                                                                        ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Braj Bhusan Poddar, Advocate
                 For the Opposite Party/s :       Mr. Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   03-04-2026                      Heard Mr. Braj Bhushan Poddar, 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

                   07.10.2025 in connection with Dandari P.S. Case No. 131 of

                   2025, F.I.R. dated 06.10.2025 for the offences punishable under

                   Sections 115(2), 126(2), 329(3), 124(1), 118(1), 109 and 3(5) of

                   the BNS, 2023.

                               3.     According to prosecution case, all the accused

                   persons including this petitioner abused and assaulted the

                   informant's husband. It is further alleged that the petitioner

                   throws acid on the face of the informant's husband.

                               4. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the

                   present case. The allegation as alleged in the FIR is false and
            Patna High Court CR. MISC. No.19446 of 2026(2) dt.03-04-2026
                                                        2/2




                      fabricated and the petitioner has not committed any offence as

                      alleged in the FIR. He further submits that due to petty dispute

                      the present occurrence has taken place.

                                  5. The learned Additional Public Prosecutor has

                      vehemently opposed the prayer for bail of the petitioner and

                      submits that although both the parties are agnate to each other

                      but there is specific allegation against the petitioner that he has

                      committed acid attack on the victim (husband of the informant)

                      and from the injury report which was recorded in paragraph no.

                      25 of the case diary it appears that the right eye of the

                      informant's husband is fully congested and left eye is partially

                      congested due to acid attack.

                                   6. Considering the nature of allegation as alleged in

                      the FIR, I am not inclined to enlarge the petitioner on bail in

                      connection with Dandari P.S. Case No. 131 of 2025 pending in

                      the court of learned Judicial Magistrate 1st Class cum Additional

                      Munsif (Begusarai).

                                  7. Prayer is refused.



                                             (Rajesh Kumar Verma, J)
Vanisha/-
U      T


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