Created by Fuzzy Cloud

Patna High Court

Mukesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to the stipulated conditions.

Summary

Mukesh Kumar sought anticipatory bail fearing arrest in a criminal case (PS No.516/2023) alleging offences under sections 341, 323, 324, 325, 307, 379, 504 and 506/34 of the IPC. He contended that he was falsely implicated, that a prior FIR (No.510/2023) reflected a counter‑case, and that the delay of five days in lodging the present FIR was unreasonable. The petitioner also produced a medical report of injuries he sustained, arguing that the informant’s injuries did not match the FIR’s allegations. The State opposed the bail. Noting the existence of a case‑and‑counter‑case, the injuries to both parties, and the fact that the informant had earlier obtained anticipatory bail in Cr. Misc. No.60374 of 2025, the court inclined to extend the same privilege to the petitioner. The court ordered that the petitioner be released on anticipatory bail if arrested within six weeks, upon furnishing a Rs 10,000 bond with two sureties and compliance with conditions under Section 482(2) of the CrPC.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the case‑and‑counter‑case scenario.
  • Whether the delay in filing the FIR and the nature of injuries affect the merit of the bail application.
  • Whether the conditions prescribed under Section 482(2) of the CrPC are satisfied.

Legislation cited

Subjects

  • anticipatory bail
  • case and counter case
  • false implication
  • IPC offences
  • injury report
  • bail conditions
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29805 of 2026
                     Arising Out of PS. Case No.-516 Year-2023 Thana- GHORASAHAN District- East
                                                       Champaran
                 ======================================================
                 Mukesh Kumar S/o Ramesh Prasad R/o vill - Ghorasahan, P.S.- Ghorasahan,
                 Dist.- East Champaran
                                                                       ... ... Petitioner/s
                                               Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Anil Kumar, Adv.
                 For the Opposite Party/s :      Mr.Abhay Kumar Roy, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   24-06-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Ghorasahan P.S. Case No. 516 of 2023 for the

                   offence punishable under sections 341, 323, 324, 325, 307, 379,

                   504, 506/34 of the IPC lodged on 06.9.2023 by the informant.

                                3. As per the prosecution case, the allegation against

                   the petitioner is that he along with other accused persons

                   assaulted the informant and looted away Rs. 9200 from his

                   shop. Accordingly, the FIR.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has not committed any offence as alleged in the FIR

                   and he has falsely been implicated in this case due to malicious

                   reason, there is a case and counter case between the parties and
Patna High Court CR. MISC. No.29805 of 2026(3) dt.24-06-2026
                                            2/4




          the instant case is the counter version of Ghorasahan PS Case

          No. 510 of 2023 having been filed on 02.09.2023 which is prior

          to the present FIR. The occurrence has taken place on

          01.09.2023 while the FIR has been lodged on 06.09.2023 after

          the delay of five days and there is no plausible reason for such

          delay. It has further been submitted that the nature of injury

          sustained by the informant does not corroborate the allegations

          as levelled in the FIR. It has next been submitted that the case

          registered by this petitioner in which, the informant and other

          members have secured anticipatory bail on the ground of case

          and counter case vide Cr. Misc. No. 60374 of 2025 on

          02.02.2026 by a Co-ordinate Bench of this Court.

                       5. Learned counsel for the petitioner further submits

          that the petitioner has also received injuries and the said injuries

          were examined by the Medical Officer, namely, Dr. Vinod

          Kumar, PHC, Ghorasahan and the said injury report has been

          tendered by the learned counsel for the petitioner during course

          of argument which is kept on record which is marked as ‘X’.

                       6. Learned APP opposes the prayer for anticipatory

          bail.

                       7.    Considering the fact that there is a case and

          counter case between the parties, both sides have received
Patna High Court CR. MISC. No.29805 of 2026(3) dt.24-06-2026
                                            3/4




          injuries and the informant along with other members have

          secured anticipatory bail on the ground of case and counter case

          vide Cr. Misc. No. 60374 of 2025 by a Co-ordinate Bench, this

          Court is inclined to extend him the privilege of anticipatory bail.

                       7. Let the petitioner, above named, be released on

          bail in the event of arrest or surrender within a period of six

          weeks from the receipt of this order, on furnishing bail bond of

          Rs. 10,000/- (Ten thousand) with two sureties of like amount

          each to the satisfaction of learned Additional Chief Judicial

          Magistrate, Sikrahana at Dhaka, East Champaran in

          connection with aforesaid PS Case, subject to the conditions as

          laid down under Section 482(2) of the BNSS as well as the

          following conditions:-

                                               (i) one of the bailors should be the
                                  family member/relative of the petitioner(s)
                                  who shall provide official document to show
                                  his/her bona fide;
                                               (ii) the petitioner(s) shall appear
                                  on each and every date before the Trial
                                  Court and failure to do so for two
                                  consecutive dates without plausible reason
                                  will entail cancellation of his/their        bail
                                  bond by the Trial Court itself;
                                               (iii) the petitioner(s) shall in no
                                  way try to induce or promise or threat the
             Patna High Court CR. MISC. No.29805 of 2026(3) dt.24-06-2026
                                                         4/4




                                               witnesses or tamper with the evidences,
                                               failing which the State shall be at liberty to
                                               take steps for cancellation of the bail bonds;
                                                            (iv) the petitioner(s) shall desist
                                               from committing any criminal offence again,
                                               failing which the State shall be at liberty to
                                               take steps for cancellation of his/their bail
                                               bonds.



                                                     (Ajit Kumar, J)
    perwez

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.