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Patna High Court

Mukesh Singh @ Mukesh Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner subject to specified conditions.

Summary

Mukesh Singh, accused in a case involving assault with lathi and danda, sought bail after being in custody since December 2025. The prosecution alleged he participated in assaulting an informant's family and attempted to outrage modesty, charging him under IPC Sections 341, 323, 354B, 504, 506 read with Section 34 (and Section 302). The petitioner claimed a clean antecedent and that the FIR contained only general, omnibus allegations without specific overt acts against him. The court noted the lack of specific allegations and the petitioner's clean record, and consequently granted bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order was subject to verification of criminal antecedent by the lower court, but acceptance of the bond was not to be delayed.

Issues considered

  • Whether the petitioner is entitled to bail despite charges under multiple IPC sections including assault and outraging modesty.
  • Whether the general and omnibus nature of the allegations suffices to deny bail.
  • Whether the petitioner's clean antecedent warrants bail.

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • Section 34
  • clean antecedent
  • omnibus allegation
  • criminal procedure
  • court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26009 of 2026
                 Arising Out of PS. Case No.-150 Year-2023 Thana- GHANSHYAMPUR District- Darbhanga
                 ======================================================
                 Mukesh Singh @ Mukesh Kumar Singh S/O Late Chakradhar Singh @
                 Ranvijay Singh @ Ranavijay Singh R/O Village- Punhad, P.S.-
                 Ghanshyampur, District- Darbhanga.
                                                                   ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mrs. Kanchan Jha, Advocate
                 For the Opposite Party/s :      Mr. Binod Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   22-04-2026                     Heard Mrs. Kanchan Jha, learned counsel for the

                   petitioner as well as Mr. Binod Kumar, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   07.12.2025 in connection with Ghanshyampur P.S. Case No.

                   150/2023, F.I.R. dated 19.06.2023 for the offences punishable

                   under Sections 341, 323, 354B, 504, 506 read with Section 34

                   of the Indian Penal Code.

                               3. According to prosecution case, the accused persons

                   including the petitioner, armed with lathi and danda assaulted

                   the informant’s husband causing grievous head and hand

                   injuries and also assaulted the informant and her daughter when

                   they intervened. It is also alleged that one of the accused tried to

                   outrage the modesty of the informant’s daughter.
Patna High Court CR. MISC. No.26009 of 2026(2) dt.22-04-2026
                                            2/3



                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. The allegation levelled against

          the petitioner is false and fabricated and the petitioner has not

          committed any offence as alleged in the FIR. Learned Trial

          Court has taken cognizance against the petitioner                on

          19.10.2024 under Sections 341, 323, 354B, 302, 504, 506 read

          with Section 34 of the IPC. On bare perusal of the FIR it

          appears that there is no specific allegation of assault or overt act

          against the petitioner rather there is general and omnibus

          allegation against the petitioner apart from that there is case and

          counter case between the parties. He further submits that the

          police after investigation submitted the charge sheet against the

          petitioner and the petitioner is in custody since 17.12.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances,

          petitioner has clean antecedent and there is no specific

          allegation of assault or overt act against the petitioner rather

          there is general and omnibus allegation, let the petitioner, above

          named, be released on bail on furnishing bail bond of Rs.

          10,000/- (Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned District and Additional

          Sessions Judge, Biraul, Darbhanga in connection with
             Patna High Court CR. MISC. No.26009 of 2026(2) dt.22-04-2026
                                                         3/3



                       Ghanshyampur P.S. Case No. 150/2023, subject to the following

                       conditions:-

                                    i. Petitioner shall co-operate in the trial and shall be

                       properly represented on each and every date fixed by the court

                       and shall remain physically present as directed by the court and

                       on his absence on two consecutive dates without sufficient

                       reason, his bail bond shall be cancelled by the Court below.

                                    ii. If the petitioner tampers with the evidence or the

                       witnesses, in that case, the prosecution will be at liberty to

                       move for cancellation of bail.

                                    iii. And further condition that the court below shall

                       verify the criminal antecedent of the petitioner and in case at

                       any stage it is found that the petitioner has concealed his

                       criminal antecedent, the court below shall take step for

                       cancellation of bail bond of the petitioner. However, the

                       acceptance of bail bonds in terms of the above-mentioned order

                       shall not be delayed for purpose of or in the name of

                       verification.



                                              (Rajesh Kumar Verma, J)
atul/-

U        T


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