Patna High Court
Mukesh Kumar Singh @ Mukesh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court granted anticipatory bail to the petitioners subject to the stipulated conditions.
Summary
Petitioners Mukesh Kumar Singh and Singho Singh sought anticipatory bail fearing arrest in PS Mohiuddin Nagar Case No. 76 of 2025, which alleges their involvement in property damage and looting on 20‑04‑2025 and, separately, the killing of an informant's husband on 24‑04‑2025. The petitioners contend they are innocent, have no criminal antecedent, and are not named in the part of the FIR relating to the homicide. The State opposed the bail, arguing the seriousness of the offences listed under the Indian Penal Code and the Bharatiya Nyaya Sanhita. The Court observed that the petitioners are only implicated in the first incident and that the allegations of murder do not name them, and therefore inclined to grant anticipatory bail. The Court ordered that, upon arrest or surrender within thirty days, the petitioners be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, noting that the observations are prima facie and not on the merits.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC/Section 482 B.N.S. given the allegations of property damage and alleged involvement in a homicide.
- Whether the petitioners are sufficiently implicated in the second part of the FIR concerning the killing of the informant's husband.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 118(1), 126(2), 303(2), 324(4)(5), 3(5), 351(2)(3)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 109(1), 115(2), 117(2), 118(1), 126(2), 303(2), 324(4)(5), 3(5), 351(2)(3)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 B.N.S.
- property damage
- murder allegation
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29664 of 2026
Arising Out of PS. Case No.-76 Year-2025 Thana- MOHIUDDIN NAGAR District-
Samastipur
======================================================
1. Mukesh Kumar Singh @ Mukesh Singh S/o- Ramnaresh Singh @ Naresh
Singh R/village- Chakla Mahamadipur PS-Mohiuddin Nagar Dist-
Samastipur Bihar
2. Singho Singh @ Singheshwar Singh S/o- Baleshwar Singh R/village-
Chakla Mahamadipur PS-Mohiuddin Nagar Dist- Samastipur Bihar
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar, Adv.
For the Opposite Party/s : Mr.Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 13-05-2026 Heard the learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Mohiuddin Nagar P.S. Case No. 76 of 2025
registered for the offences punishable under Sections 126(2), 115(2),
118,(1), 117(2), 109(1), 324(4)(5), 303(2), 351(2)(3) and 3(5) of the
Indian Penal Code / Bharatiya Nyaya Sanhita, 2023.
3. The allegation against the petitioner is that he along with
a group of seven named persons came to the house of the informant
and started assaulting and destroying the property. That happened on
20.04.2025. No information was given by the informant to anybody.
She further alleged that on 24.04.2025 is that with Triloki
Patna High Court CR. MISC. No.29664 of 2026(3) dt.13-05-2026
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Singh, Vicky Singh and Manoj Singh assaulted and killed her
husband.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and have falsely been implicated in the present
case. The petitioner got no criminal antecedent.
5. Learned APP for the State has vehemently opposed the
prayer for anticipatory bail of the petitioners.
6. The record reveals that the petitioner is not named in
the second part of the F.I.R., i.e., the killing of the deceased on
24.04.2025. He is named in the first part of the occurrence which
relates to damaging the property and looting the house regarding
which no information was provided to the police. There is a case and
counter case and the petitioner bears no criminal antecedent.
Accordingly, this Court is inclined to grant the privilege of
anticipatory bail to the petitioners.
7. Let the petitioners, above named, in the event of his/her
arrest or surrender before the Court below within a period of thirty
days from the date of receipt of the order, 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
S.D.J.M, Samastipur in connection with Mohiuddin Nagar P.S. Case
No. 76 of 2025, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure / Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita.
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8. It is made clear that any observation made herein is prima
facie in nature and limited solely for the purpose of adjudication of the
present bail application. Such observations shall not be construed as an
expression on the merits of the case and shall not influence the trial or
any other proceedings in any manner.
(Ansul, J)
abhishekkr/-
U T
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