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Patna High Court

Mukul @ Makbul @ Md MakbulversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner with a bond of Rs.10,000 and two sureties, subject to conditions.

Summary

Mukul Makbul, a juvenile, sought bail in a Special Child Case involving alleged theft and narcotics offenses under IPC sections 401, 413, 414, 34 and NDPS Act sections 20, 22. The prosecution’s case rested on a secret raid on Madina Khatoon’s house, where drugs and other items were seized, and on her statement implicating the petitioner. The petitioner argued he was falsely implicated, that no material was recovered from him, and highlighted that other co‑accused had already been granted bail. The State opposed bail, citing the petitioner’s three prior criminal cases and his juvenile status as declared by the Juvenile Justice Board. After hearing both sides, the court granted bail on the condition of a Rs.10,000 bond, two sureties of equal amount, and the requirement that a near relative act as bailor, directing compliance with the Additional District & Sessions Judge‑I‑cum‑Special Judge, Children Court, Patna.

Issues considered

  • Whether bail should be granted to a juvenile accused of offenses under IPC and the NDPS Act.
  • Whether the material on record, primarily the statement of a co‑accused, is sufficient to justify denial of bail.
  • Whether the petitioner’s prior criminal antecedents and the Juvenile Justice Board’s findings affect the bail decision.

Legislation cited

Subjects

  • bail
  • juvenile justice
  • IPC
  • NDPS Act
  • special child case
  • criminal antecedent
  • surety
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2544 of 2026
                      Arising Out of PS. Case No.-157 Year-2017 Thana- SULTANGANJ District- Patna
                 ======================================================
                 Mukul @ Makbul @ Md Makbul Son of Late Abdul Khan @ Md Abdul
                 Resident Of Village- Ambedkar Colony, Abdulbari Bhawan Ps - Sultanganj,
                 Dist- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pramod Kumar, Advocate
                 For the Opposite Party/s :       Mrs. Rina Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   11-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Special Child Case No. 39 of 2018 arising out of

                   Sultanganj P.S. Case No. 157 od 2017 registered for the offence

                   punishable under Sections 401, 413, 414 and 34 of the Indian

                   Penal Code and Sections 20 and 22 of the NDPS Act.

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

                   secret information the house of one Madina Khatoon was seized

                   and incriminating materials, including smack, mobile phones,

                   silver ornaments and cash were recovered and the apprehended

                   accused disclosed that this petitioner and others were involved

                   in committing theft and also in dealing with the narcotic drugs.
Patna High Court CR. MISC. No.2544 of 2026(3) dt.11-03-2026
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                       4. Learned counsel appearing on behalf of the

          petitioner has submitted that petitioner is innocent and has

          committed no offence. He has been falsely implicated in this

          case. He also submits that earlier the bail petition of this

          petitioner was twice rejected vide Cr. Misc. Nos. 40356 of 2018

          and 58491 of 2018 by the learned coordinate bench of this court.

          He also submits that from perusal of the FIR, it is clear that the

          only allegation against the petitioner is that one Madina

          Khatoon has stated that he was involved in the offence of

          committing theft and also in dealing with the narcotic drugs. He

          also submits that nothing has been recovered from the

          possession of this petitioner. The bail petition of the petitioner

          was rejected only on the ground that the petitioner has been

          declared a juvenile by the Juvenile Justice Board (JJB), and he

          is involved in two more cases bearing Bahadurpur P.S. Case No.

          138 of 2017 and Bahadurpur P.S. Case No. 61 of 2017, and the

          learned JJB has held that the petitioner has fallen in association

          with known criminals, as the father of the petitioner has died

          and he is beyond the control of his mother. He also submits that

          in this case, all other accused persons have been granted bail by

          the learned coordinate bench of this court vide Cr. Misc. Nos.

          46850 of 2018, 49981 of 2017 and 2643 of 2018. He further
           Patna High Court CR. MISC. No.2544 of 2026(3) dt.11-03-2026
                                                       3/4




                     submits that save and except for the statement of Madina

                     Khatoon, there is no cogent material against this petitioner.

                     Madina Khatoon has already been granted bail by the learned

                     coordinate bench of this court. Moreover, the petitioner is

                     languishing in judicial custody since 08.10.2025.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner is having criminal

                     antecedent of three cases.

                                  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 with the condition that

                     the petitioner shall cooperate in the trial and one of the bailor

                     should be his near relative. 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 learned Additional District

                     & Sessions Judge-I-cum-Special Judge, Children Court, Patna

                     in connection with Special Child Case No. 39 of 2018 arising

                     out of Sultanganj P.S. Case No. 157 of 2017.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T
Patna High Court CR. MISC. No.2544 of 2026(3) dt.11-03-2026
                                            4/4


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