Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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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