Patna High Court
Mukesh Kumar @ Mukesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
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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
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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/-
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