Patna High Court
Mukesh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner on condition of a Rs.10,000 bond with two sureties.
Summary
Mukesh Singh applied for bail in a case registered as Choutarwa P.S. Case No. 162 of 2025, involving offences under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 109 and 103 of the B.N.S., 2023. The prosecution alleged that the petitioner, along with others, armed with lathi, danda and farsa, assaulted the husband of an informant in a land‑dispute, leading to the death of Mahant Yadav. The petitioner contended that he was falsely implicated, had no criminal antecedent, and that co‑accused had already been granted bail in a similar case. The State opposed the bail, arguing the seriousness of the offences. After hearing both sides, the court found the allegations against the petitioner to be general and omnibus and, considering the circumstances, ordered his release on bail with a bond of Rs.10,000 and two sureties.
Issues considered
- Whether bail should be granted to the petitioner despite the serious offences alleged under the B.N.S., 2023.
- Whether the general and omnibus nature of the allegations against the petitioner precludes bail.
- Whether the grant of bail to co‑accused in a similar case is relevant to the petitioner's bail application.
Legislation cited
- B.N.S., 2023 — s. 103, 109, 115(2), 117(2), 126(2), 190, 191(2), 191(3)
Subjects
- bail
- criminal procedure
- land dispute
- assault
- homicide
- B.N.S. 2023
- West Champaran
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4288 of 2026
Arising Out of PS. Case No.-162 Year-2025 Thana- CHOUTARWA District- West
Champaran
======================================================
Mukesh Singh Son of Diwakar Singh @ Divakar Singh R/o Village -
Jainitola, P.S. - Choutarwa, Dist. - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Milind Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, APP
For the Informant : Mr. Avinash Raj, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-02-2026 Heard learned counsel for the petitioner, learned
APP for the State and learned counsel for the informant.
2. The petitioner has prayed for bail in connection
with Choutarwa P.S. Case No. 162 of 2025 registered for the
offence punishable under Sections 191(2), 191(3), 190, 126(2),
115(2), 117(2), 109 and 103 of the B.N.S., 2023.
3. The case of the prosecution in short is that the
petitioners, along with others, arrived, being armed with lathi,
danda and farsa, due to a land dispute, and they started
assaulting the husband of the informant. It is further alleged that
Ramesh Singh assaulted the head of the informant’s husband,
namely, Mahant Yadav (deceased), with a farsa, due to which
there was a fracture in the parietal bone, and he died during the
Patna High Court CR. MISC. No.4288 of 2026(2) dt.06-02-2026
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course of treatment.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He also submits that there is land dispute between and the
parties. There is also a case and counter case and there is direct
allegation against one Ramesh Singh. The nature of allegation
against the petitioner is general and omnibus. He further submits
that a statement has been made in para 3 of the petition that
petitioner has no criminal antecedent. Moreover, the petitioner is
languishing in judicial custody since 13.11.2025. Learned
counsel has further submitted that similarly situated other co-
accused persons have already been granted bail by this court
vide Cr. Misc. No. 67495 of 2025.
5. The application for bail is opposed by learned APP
for the State and learned counsel for the informant.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.4288 of 2026(2) dt.06-02-2026
3/3
Additional Chief Judicial Magistrate 1st, Bagaha, West
Champaran in connection with Choutarwa P.S. Case No. 162 of
2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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