Patna High Court
Mukesh Sahni @ Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioner subject to a bond and sureties under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
Mukesh Sahni petitioned the Patna High Court for bail after being implicated in a FIR alleging he instigated a co‑accused, Suraj, to assault an informant, resulting in serious injuries. The petitioner claimed he was merely an order‑giver and not directly involved in the assault, arguing innocence. The State opposed the bail application. The Court considered the nature of the accusations, the petitioner’s alleged role, and the statutory provisions governing bail. It ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The bail was granted for a period of eight weeks from the order date.
Issues considered
- What is the appropriate bail consideration for a petitioner alleged to have instigated an assault under sections 126(2), 118(1), 109, 351(2) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita?
- Whether the petitioner’s alleged role as an order‑giver justifies denial of bail?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 118(1), 126(2), 3(5), 351(2), 482(2)
Subjects
- bail
- criminal procedure
- instigation
- assault
- section 482
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3335 of 2026
Arising Out of PS. Case No.-371 Year-2025 Thana- KANKARBAG District- Patna
======================================================
Mukesh Sahni @ Mukesh Kumar S/o Yogendar Prasad @ Jogendar Kewat
R/o Mohalla- Chiraiyatand, Ram Nagar Bangali Tola, Postal Park, PS-
Jakkanpur, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binay Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Nirmala Kumari , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 02-02-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends his arrest in a case registered
for the offence punishable under sections 126 ( 2 ), 118 (1) ,
109, 351 ( 2 ) and 3 (5) of BNS.
3 . As per F.I.R. petitioner is alleged to have instigated
co-accused Suraj who assaulted the informant, as a result of
which informant sustained severe injuries.
4. It is submitted on behalf of the petitioner that
petitioner is innocent and has committed no offence as alleged.
Petitioner is only alleged to be order giver. Specific accusation
of assault is against co-accused Suraj who assaulted the
informant. There is no allegation of assault against this
Patna High Court CR. MISC. No.3335 of 2026(3) dt.02-02-2026
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petitioner.
5 . Learned counsel for the State opposed the bail
petition .
6 Considering the aforesaid facts, nature of
accusation and other circumstances of the case , in the event of
arrest or surrender within eight weeks from today, let the
petitioner, as named above, be enlarged 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 ACJM- XI
Patna in connection with Kankarbagh P.S. Case No. 371 of
2025 , subject to the conditions laid down under section 482(2)
of the Bharatiya Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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