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Patna High Court

Mukesh Yadav @ Ashik KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Mukesh Yadav, was arrested in connection with an assault case (PS Kajraili Case No. 52 of 2025) involving multiple offences under the B.N.S. He sought bail, claiming innocence, a mutual scuffle arising from a money dispute, and a clean criminal record. The State opposed the bail application. The court considered the facts, including the existence of a counter‑case, the petitioner’s clean antecedents, and the length of custody since 20‑Nov‑2025. Finding no compelling reason to deny bail, the court granted bail on a bond of Rs.10,000 with two sureties. The petitioner was ordered to be released upon furnishing the bail bond.

Issues considered

  • Whether bail should be granted to the petitioner under Sections 126(2), 115(2), 109, 303(2), 329(3), 308(3), 352, 351(2) and 3(5) of the B.N.S. given the circumstances of the case.

Legislation cited

  • B.N.S. — s. 109, 115(2), 126(2), 303(2), 308(3), 329(3), 3(5), 351(2), 352

Subjects

  • bail
  • criminal procedure
  • assault
  • counter‑case
  • clean antecedents
  • bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6721 of 2026
                      Arising Out of PS. Case No.-52 Year-2025 Thana- KAJRAILI District- Bhagalpur
                 ======================================================
                 Mukesh Yadav @ Ashik Kumar Son of Jaihindra Yadav @ Jahindra Yadav
                 Resident Village- Gaurachauki Navtolia, P.S- Kajraili, District- Bhagalpur.

                                                                                   ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Sumit Kumar, Advocate
                 For the State            :        Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   16-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 126(2), 115(2), 109, 303(2),

                   329(3), 308(3), 352, 351(2) and 3(5) of the B.N.S..

                                3. As per prosecution case, it is alleged that this

                   petitioner assaulted Jaldhar Yadav by means of lathi due to

                   which his left hand got fractured.

                                4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has committed no offence. On

                   account of money dispute, scuffle took place between the parties

                   in which both sides assaulted each other. There is case and
             Patna High Court CR. MISC. No.6721 of 2026(2) dt.16-02-2026
                                                         2/2




                       counter-case.       Moreover,       charge-sheet    has   already   been

                       submitted and petitioner, having no criminal antecedents, is in

                       custody since 20.11.2025.

                                    5. Learned A.P.P. for the State has vehemently

                       opposed the prayer for grant of bail to the petitioner.

                                    6. Considering the facts and circumstances of the

                       case, case and counter-case between the parties, clean

                       antecedents of the petitioner and period of custody, the prayer

                       for grant of bail to the petitioner is allowed.

                                    7. Accordingly, let the above named petitioner be

                       released on bail on furnishing bail-bond of Rs. 10,000/- (ten

                       thousand) with two sureties of the like amount each to the

                       satisfaction of learned J.M.F.C., Bhagalpur in connection with

                       Kajraili P.S. Case No. 52 of 2025.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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