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Patna High Court

Mukesh SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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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