Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 307, 323, 324, 325, 341, 379, 504, 506/34
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
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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
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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
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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
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