Patna High Court
Mukesh Yadav @ Mukesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KUMAR MANISH
Holding
The court granted regular bail to the petitioner subject to a bail bond and surety conditions.
Summary
The petitioner, Mukesh Yadav, was arrested in connection with a FIR alleging that he and others attacked an informant and his family with intent to kill, causing injuries and firing gunshots. He sought regular bail for offences under several sections of the Bihar Negotiable Substances Act and Section 27 of the Arms Act. The State opposed the bail, citing the seriousness of the accusations. The court examined the nature of the allegations, the petitioner’s custody since March 2026, and his prior bail record, and found no compelling reason to deny bail. Consequently, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, one of whom must be a family member. The bail was granted subject to compliance with the conditions set by the Chief Judicial Magistrate of Buxar.
Issues considered
- What is the appropriateness of granting regular bail to the petitioner accused of offences under Sections 126(2), 115(2), 109, 352, 351(2), 3(5) of the B.N.S. and Section 27 of the Arms Act?
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Substances Act — s. 109, 115(2), 126(2), 3(5), 351(2), 352
Subjects
- regular bail
- criminal procedure
- arms act
- assault
- attempted murder
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38124 of 2026
Arising Out of PS. Case No.-23 Year-2026 Thana- Tilak Rai Ka Hata District- Buxar
======================================================
Mukesh Yadav @ Mukesh Kumar Yadav S/o Uday Yadav R/o Village-
Niyazipur Lal Singh Ka Dera, P.S- Tilak Rai Ka Hata, Dist- Buxar
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KUMAR MANISH
ORAL ORDER
2 18-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in a case registered for
the offence punishable under Sections 126(2), 115(2), 109, 352,
351(2), 3(5) of the B.N.S. as well as Section 27 of the Arms Act.
3. As per the F.I.R., informant submits that he and his
son were going to market and the accused persons including the
petitioner attacked the informant with intention to kill them.
Son of the informant received injury and thereafter the accused
person fired gunshots from roof of house but the same did not
touch / hit them. Further, it has been alleged that the accused
persons assaulted the daughter of informant due to which she
sustained injury on head.
4. It is submitted on behalf of the petitioner that six
Patna High Court CR. MISC. No.38124 of 2026(2) dt.18-06-2026
2/2
persons including this petitioner is named in F.I.R. and the
allegation is general and omnibus in nature. Petitioner is in
custody since 06.03.2026 and he is having one criminal
antecedent in which he has been granted bail by the Court
below.
5. Learned A.P.P. for the State opposes the prayer for
bail of the petitioner.
6. Considering the nature of accusation and
submission made by petitioner, I am inclined to grant bail to the
petitioner. The petitioner, above named, is directed to 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 Chief Judicial Magistrate/concerned
Court, Buxar, in connection with Tilak Rai Ka Hata P.S. Case
No. 23 of 2026, on condition that one bailor should be family
member of the petitioner.
(Kumar Manish, J)
sanjeev/-
U T
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