Patna High Court
Mukesh Singh @ Mukesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Indian Penal Code — s. 302, 323, 34, 341, 354B, 504, 506
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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