Patna High Court
Mukul @ Makbul @ Md MakbulversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Indian Penal Code — s. 34, 401, 413, 414
- Narcotic Drugs and Psychotropic Substances Act — s. 20, 22
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.
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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
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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
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