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Patna High Court

Mukesh Kumar @ Mukesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted pre‑arrest bail to the petitioner subject to bond and conditions.

Summary

Mukesh Kumar was arrested in connection with a case alleging a common intention to kill an informant and his family by assault with an iron rod, invoking several serious offences under the BNS. The petitioner claimed innocence, arguing that any injuries caused were in self‑defence and that he has a clean antecedent, noting that two co‑accused had already been released on pre‑arrest bail. The State opposed the bail application. The High Court, after considering the submissions, granted pre‑arrest bail subject to a Rs.10,000 bond, two sureties, and a requirement to surrender within four weeks, invoking Section 482(2) of the BNSS 2023. The court also directed the lower court to verify the petitioner’s criminal antecedent, with the bail order lapsing if adverse findings emerge.

Issues considered

  • Whether pre‑arrest bail should be granted in a case involving alleged common intention to murder and multiple serious offences
  • Whether the claim of self‑defence justifies bail despite the gravity of the charges
  • Whether the conditions imposed under Section 482(2) of the BNSS 2023 are appropriate

Legislation cited

  • BNS — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
  • BNSS of 2023 — s. 482(2)

Subjects

  • pre‑arrest bail
  • self‑defence
  • common intention
  • murder
  • assault
  • criminal procedure
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.591 of 2026
                    Arising Out of PS. Case No.-193 Year-2025 Thana- BARBIGHA District- Sheikhpura
                 ======================================================
                 Mukesh Kumar @ Mukesh Yadav S/O Late Sukar Yadav R/O Village-
                 Balwapur, P.S- Barbigha, Distt.- Sheikhpura.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bipin Kumar, Advocate
                                                  Mr.Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Mr.Abhay Kumar Roy, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   02-04-2026                     Heard Mr. Bipin Kumar along with Mr. Abhishek

                   Kumar, learned counsels appearing on behalf of the petitioner

                   and Mr.Abhay Kumar Roy, learned APP for the State.

                                 2. Petitioner seeks pre-arrest bail in connection with

                   Barbigha P.S.Case No.193 of 2025, registered for the offences

                   punishable under Sections 126(2), 115(2), 118(1), 109, 303(2),

                   352, 351(2) and 3(5) of BNS.

                                3. As per the allegation made in the FIR, the co-

                   accused persons including the petitioner with a common

                   intention to kill the informant and his other family members

                   assaulted with iron rod.

                                4. Learned counsel appearing on behalf of the

                   petitioner submitted         that the petitioner is innocent. General
Patna High Court CR. MISC. No.591 of 2026(3) dt.02-04-2026
                                            2/3




          general and omnibus allegation has been alleged against the

          petitioner. Learned counsel further submitted that altogether five

          persons including the petitioner have been made accused in the

          present case and out of them, two have been released on pre-

          arrest bail by the learned district court, vide impugned order

          dated 09.12.2025. Learned counsel also submitted that in self-

          defence, the petitioner may have caused some injuries on the

          person of the injured, which are simple in nature. Petitioner has

          clean antecedent.

                       5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail to the petitioner.

                       6. Having considered the rival submissions made on

          behalf of the parties, as well as, considering the fact that in

          self-defence, the petitioner may have caused some injuries on

          the person of the injured, which are simple in nature, the

          petitioner is directed to be released on pre-arrest bail, in the

          event of his arrest or surrender before the learned district court

          within a period of four weeks from today, on furnishing bail

          bond of Rs.10,000/- (Ten Thousand) with two sureties of the

          like amount each to the satisfaction of learned Sub Divisional

          Judicial Magistrate, Sheikhpura/concerned court, in connection

          with Barbigha P.S.Case No.193 of 2025, subject to conditions
            Patna High Court CR. MISC. No.591 of 2026(3) dt.02-04-2026
                                                        3/3




                      as laid down under Section 482(2) of BNSS of 2023

                                   7. The learned district court is directed to verify the

                      criminal antecedent of the petitioner and if it is found that the

                      petitioner is involved in some other cases as what has been

                      stated in paragraph No.3 of the bail application, this order will

                      automatically lose its force.



                                                 (Purnendu Singh, J)
chn/-

U       T


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