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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

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
                                            2/3




          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.
           Patna High Court CR. MISC. No.29664 of 2026(3) dt.13-05-2026
                                                       3/3




                                  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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