Patna High Court
Mukesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Arms Act — s. 27
- Indian Penal Code — s. 302, 307, 326, 34, 342
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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