Patna High Court
Mukesh Yadav @ Ashik KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
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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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