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Patna High Court

Mukesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner on condition of a Rs.10,000 bond with two sureties.

Summary

Mukesh Kumar was arrested in connection with a case registered under Sections 126(2), 115(2), 109 and 3(5) of the BNS for allegedly assaulting an informant with an iron rod. The petitioner pleaded that the injury was minor, the dispute stemmed from a land conflict, and he had no prior criminal record, having been in judicial custody since 21‑01‑2026. The State opposed bail, arguing the seriousness of the assault. After hearing both sides, the Court noted the simple nature of the injury and the petitioner’s clean antecedent, and decided to grant bail. He was ordered to furnish a bail bond of Rs.10,000 with two sureties of the same amount to the satisfaction of the Chief Judicial Magistrate, Rohtas.

Issues considered

  • Whether bail should be granted to the accused in an assault case under Sections 126(2), 115(2), 109 and 3(5) of the BNS considering the nature of injury and the petitioner’s antecedents

Legislation cited

  • BNS — s. 109, 115(2), 126(2), 3(5)

Subjects

  • bail
  • assault
  • criminal procedure
  • land dispute
  • no prior record

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19765 of 2026
                       Arising Out of PS. Case No.-307 Year-2025 Thana- KOCHAS District- Rohtas
                 ======================================================
                 Mukesh Kumar Son of Brahmdeo Singh R/o - Parasiya, P.S - Kochas, District
                 - Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar Tiwary, Advocate
                 For the Opposite Party/s :       Ms. Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   25-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Kochas P.S. Case No.307 of 2025 registered for the offence

                   punishable under Sections 126(2), 115(2), 109 & 3(5) of the

                   BNS.

                                3. The case of the prosecution, in short, is that the

                   petitioner along with one other has assaulted with iron rod on

                   the head of the informant.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that from perusal of the injury report it

                   is clear that the injury received by the informant is simple in

                   nature. Learned counsel for the petitioner has further submitted

                   that there is land dispute between the parties. Learned counsel
            Patna High Court CR. MISC. No.19765 of 2026(2) dt.25-03-2026
                                                        2/2




                      for the petitioner has further submitted that the petitioner is

                      having no criminal antecedent and he is in judicial custody since

                      21.01.2026.

                                   5. The application for bail is opposed by learned APP

                      for the State.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this Court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be enlarged on bail on furnishing bail

                      bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                      of the like amount each to the satisfaction of the court of learned

                      Chief Judicial Magistrate, Rohtas at Sasaram in connection with

                      Kochas P.S. Case No.307 of 2025.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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