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Patna High Court

Mukesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Considering the allegations and the period of custody, the court allowed the petitioner's regular bail.

Summary

Mukesh Yadav was arrested in connection with a murder case involving offences under Sections 342, 326, 307, 302 and 34 of the IPC and Section 27 of the Arms Act. He applied for regular bail, claiming innocence and alleging that the real assailant was Shiv Kumar Yadav, while acknowledging a prior theft conviction and custody since 16‑09‑2025. The State opposed the bail. The court examined the seriousness of the charges and the length of custody and decided to grant regular bail. Bail was set at a cash bond of Rs 10,000 with two sureties of the same amount, subject to attendance at the police station on two Sundays each month. Non‑compliance would lead to cancellation of the bail bond.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged with murder, grievous hurt and arms offences
  • Whether the period of custody and the nature of the allegations justify granting bail

Legislation cited

Subjects

  • regular bail
  • murder
  • IPC
  • Arms Act
  • criminal procedure
  • bail conditions
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22087 of 2026
                   Arising Out of PS. Case No.-270 Year-2017 Thana- SHEKHPURA District- Sheikhpura
                 ======================================================
                 Mukesh Yadav S/o Ramji Yadav Resident of Village - Gagari Police Station -
                 Sheikhpura (Sirari), District - Sheikhpura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Nilendu Kumar Choudhary, Advocate
                 For the Opposite Party/s :       Mr.Md. Aslam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   30-04-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks regular bail in the present case

                   registered      for    the   offences      punishable       under     Sections

                   342/326/307/302 and 34 of the Indian Penal Code and Section

                   27 of the Arms Act.

                                3. As per the prosecution case, petitioner along with

                   other co-accused is accused of killing the deceased.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in the

                   present case. Learned counsel further submits that the main

                   assailant of the deceased is one Shiv Kumar Yadav. Petitioner

                   has one criminal antecedent of theft and he is in custody since

                   16.09.2025. The petitioner undertakes to co-operate in the case/
              Patna High Court CR. MISC. No.22087 of 2026(2) dt.30-04-2026
                                                          2/2




                        trial.

                                      5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner.

                                      6. Considering the allegations levelled against the

                        petitioner as well as the period of custody, this application for

                        regular bail is allowed.

                                      7. Accordingly, let the petitioner, above named, be

                        released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

                        Thousand) with two sureties of the like amount each to the

                        satisfaction of the learned concerned Court below in connection

                        with Sheikhpura (Sirari O.P.) P.S. Case No. 270 of 2017.

                                      8. As a condition of this order, the petitioner after

                        being released on bail, is directed to mark his attendance at

                        Sheikhpura (Sirari) Police Station, District- Sheikhpura on any

                        two Sundays of the month. Any default in appearance at the

                        Police Station will result in cancellation of bail bonds of the

                        petitioner.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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