Patna High Court
Mukesh Kumar Singh @ Mukesh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that, given the vague and doubtful allegations and the likelihood of false implication, bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
The petitioner, Mukesh Kumar Singh, was arrested in connection with a criminal case (PS Case No. 532 of 2025) alleging offences under multiple sections of the Bharatiya Nyaya Sanhita, 2023, including theft, assault and offences against the public tranquillity. The prosecution alleged that the petitioner, along with co‑accused, seized construction materials worth Rs. 15‑20 lakh from the informant's land and assaulted the informant’s family. The petitioner contended that he was falsely implicated due to a political vendetta, that the land dispute involved other parties, and that he was not captured in CCTV footage. The State opposed the bail application, while the court noted the vague and doubtful nature of the allegations and the possibility of false implication. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Issues considered
- Whether the allegations against the petitioner are sufficient to deny bail under the Bharatiya Nyaya Sanhita.
- Whether the possibility of false implication warrants the grant of bail.
- Whether Section 482(2) of the Bharatiya Nyaya Sanhita can be invoked to impose conditions on bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 190, 191(2), 191(3), 303(2), 351(2) r/w 3(5), 352, 482(2)
Subjects
- bail
- false implication
- land dispute
- criminal procedure
- Section 482
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21556 of 2026
Arising Out of PS. Case No.-532 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
Mukesh Kumar Singh @ Mukesh Singh S/o Vishwanath Singh Resident of
village -Loksha, P.S- Muffasil, 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. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 10-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
02. In the present case, the petitioner is apprehending
his arrest in connection with Motihari Mufassil P.S. Case No.
532 of 2025 registered for the alleged offence under Sections
191(2), 191(3), 190, 126(2), 115(2), 118(1), 117(2), 109, 303(2),
352, 351(2) r/w 3(5) of Bharatiya Nyaya Sanhita, 2023.
03. As per prosecution case, some land mafias
grabbed the land of the informant and Motihari Mufassil P.S.
Case No. 443 of 2025 was instituted against the petitioner and
other co-accused persons. The informant has further alleged that
petitioner and other co-accused persons carried away
construction materials like bars, sand, stone chips etc. worth Rs.
15-20 lakhs from the land of the informant. Thereafter, the
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informant, his family members and neighbours were assaulted
by the petitioner and other co-accused persons.
04. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case. No occurrence in the manner as alleged has ever taken
place. True fact of the case is that there is admitted land dispute
between the informant and co-accused Sudhir Srivastava, who
has entered into an agreement with one Ravi Ranjan Singh and
others who had purchased the land from one Maya Khatoon.
The informant has purchased the land from a person who has no
ownership or title over the said land. During Assembly election,
the petitioner worked against one Pawan Jaiswal who lost the
election and thereafter, he has been trying to harass the
petitioner by implicating him in false criminal cases with the
help of present informant and others. Learned counsel further
submits that the informant in collusion with Pawan Jaiswal
lodged two cases, i.e., Mufassil P.S. Case No. 443 of 2025 and
also the present case. Learned counsel further submits that the
petitioner was not seen in the CCTV footage. Learned counsel
next submits that on the alleged date of occurrence, i.e.,
11.08.2025, the informant and his associates had been blocking
the road over the said disputed land and the police arrived and
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tried for the removal of the blockade and lodged Mufassil P.S.
Case No. 533 of 2025 against the informant and others which
was registered under Sections 192(2), 191(3), 190, 194(2), 221,
126(2), 115(2), 352 r/w 3(5) of BNS. Learned counsel further
submits that it is relevant to state here that in the said case, the
petitioner was not made an accused. There was no motive or
intention to cause death of the informant and his family
members and, as such, Section 109 of BNS is not made out.
Learned counsel further submits that the petitioner is having
antecedent of three cases but two of these cases have been
lodged by the informant side. Moreover, the cases are of the
years 2010, 2017 and 2025, respectively.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
vague and doubtful nature of allegation against the petitioner
and also considering the possibility of false implication, let the
petitioner above named, in the event of his arrest or surrender
before the court concerned within a period of eight weeks from
today, be released on bail, on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand Only) with two sureties of the
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like amount each to the satisfaction of learned Chief Judicial
Magistrate, Motihari, East Champaran/court concerned in
connection with Motihari Mufassil P.S. Case No. 532 of 2025,
subject to the condition laid down under Section 482(2) of
BNSS and other following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each
and every date fixed by the court below, if so
required by the learned trial court.
(Arun Kumar Jha, J)
Ashish/-
U T
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