Patna High Court
Mukesh Kumar @ Mukesh YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was denied because the petitioners are absconders, and they must surrender and apply for regular bail.
Summary
Mukesh Kumar and Nawal Yadav were accused in a 2021 case for offences under IPC sections 341, 323, 504, 506/34, the Bihar Prohibition and Excise Act and the Mahua Flower Act. In 2026 they filed an anticipatory bail application, claiming innocence, a clean record and pointing to similar accused who received bail in 2023. The State opposed the bail. The Patna High Court observed that the petitioners were absconders and therefore the case was not suitable for anticipatory bail. The application was dismissed and the petitioners were ordered to surrender within four weeks and seek regular bail. The court also directed the lower court to consider the earlier bail granted to similarly situated accused when hearing the regular bail petition.
Issues considered
- Whether anticipatory bail under Section 438 CrPC should be granted to the petitioners who are alleged absconders
- Whether the nature of the offences and the petitioners' alleged flight justify denial of anticipatory bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(c)
- Criminal Procedure Code — s. 438
- Indian Penal Code — s. 323, 341, 504, 506/34
- Mahua Flower Act — s. 3, 4
Subjects
- anticipatory bail
- absconders
- IPC offences
- regular bail
- Mahua flower
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37172 of 2026
Arising Out of PS. Case No.-487 Year-2021 Thana- MASAUDHI District- Patna
======================================================
1. Mukesh Kumar @ Mukesh Yadav Son of Ramdayal Prasad Resident of
Village- Keshchak, P.S.- Masaudhi, District- Patna.
2. Nawal Yadav Son of Chandeshwar Prasad Resident of Village- Prem Road,
Lakhi Bagh, P.S.- Masaudhi, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dipak Kumar
For the Opposite Party/s : Mr.Veena Kumari Jaiswal
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Masaudhi P.S. Case No. 487 of 2021 registered for the
offence under Sections 341, 323, 504, 506/34 of the I.P.C. and
Section 30(c) of Bihar Prohibition and Excise Act and Section 3/
4 of Mahua Flower Act.
3. As per the prosecution case, petitioners are
accused of transporting Mahua flower in a pick-up van.
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. It is next submitted that the
case was registered in the year 2021 and the petitioners have
preferred anticipatory bail application in the year 2026 and
Patna High Court CR. MISC. No.37172 of 2026(2) dt.15-06-2026
2/2
similarly situated accused persons were granted anticipatory bail
in the year 2023. Petitioners have clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the aforesaid submissions advanced on
behalf of the parties and also considering the fact that the
petitioners are absconders, this is not a fit case for grant of
anticipatory bail.
7. Accordingly, the application stands dismissed.
8. The petitioners are directed to surrender within four
weeks from today and pray for regular bail, failing which the
Superintendent of Police, Patna will take all steps for arrest of the
petitioners.
9. Let a copy of this order be communicated to the
Superintendent of Police, Patna through FAX or e-mail for its
compliance.
10. The court below, while considering the petitioners’
prayer for regular bail, shall also consider the anticipatory bail
granted to two similarly situated accused persons in the year 2023.
(Sandeep Kumar, J)
tusharika/-
U T
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