Patna High Court
Mukesh Kumar @ Mukesh RoyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioners subject to a bond of Rs.10,000 each and specified conditions.
Summary
Mukesh Kumar (also known as Mukesh Roy) and Dev Kumar Singh were arrested on 28 May 2025 in connection with Beur Police Station Case No. 253 of 2025, alleged to have committed offences under Sections 126(2), 109, 3(5) of the Bihar Narcotic Substances Act and Section 27 of the Arms Act. The petitioners contended that they were not named in the FIR, that their names were added later during investigation, and that no substantive material linked them to the crime. The prosecution opposed bail, highlighting their prior criminal antecedents—one case for Mukesh and two for Dev—and argued they were already on bail in other matters. The Court examined the lack of direct evidence, the petitioners' claims of fabrication, and the antecedent records, and decided to grant bail subject to a bond of Rs.10,000 each with two sureties and specific conditions regarding trial cooperation and non‑tampering with evidence. The order also directed verification of their criminal antecedents, with bail cancellation if concealment is discovered.
Issues considered
- Whether bail should be granted to the accused persons Mukesh Kumar and Dev Kumar Singh in light of the alleged offences and their prior criminal antecedents.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act — s. 109, 126(2), 3(5)
Subjects
- bail
- criminal procedure
- Arms Act
- narcotic offences
- antecedent
- FIR
- charge sheet
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73303 of 2025
Arising Out of PS. Case No.-253 Year-2025 Thana- BEUR District- Patna
======================================================
Mukesh Kumar @ Mukesh Roy S/o Sri Ashok Kumar Roy Resident of Dujara
Chak, Buddha Colony, P.S.- Buddha Colony, District- Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
with
CRIMINAL MISCELLANEOUS No. 85950 of 2025
Arising Out of PS. Case No.-253 Year-2025 Thana- BEUR District- Patna
======================================================
Dev Kumar Singh @ Dev Kumar S/o Late Suresh Prasad Resident of Village/
Mohalla- Mahavir Colony, Road No. 2C, Ward No. 03, P.S.- Beur, District-
Patna
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 73303 of 2025)
For the Petitioner/s : Mr. Md. Javed Jafar Khan, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, A.P.P.
(In CRIMINAL MISCELLANEOUS No. 85950 of 2025)
For the Petitioner/s : Mr. Bishwajeet Singh, Advocate
For the Opposite Party/s : Mr. Ram Sumiran Rai, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 19-03-2026 Heard learned counsel for the petitioners Mr. Md.
Javed Jafar Khan and Mr. Bishwajeet Singh and learned
Additional Public Prosecutors, Mr. Satyendra Prasad and Mr.
Ram Sumiran Rai for the State.
2. Petitioners seek bail who are in custody since
28.05.2025 in connection with Beur P.S. Case No. 253 of 2025,
Patna High Court CR. MISC. No.73303 of 2025(5) dt.19-03-2026
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for the offences punishable under Sections 126(2), 109, 3(5) of
BNS and Section 27 of the Arms Act.
3. The case of the prosecution, in brief, is that on
19.05.2025 at about 06.15 A.M., his elder brother namely
Sanjay Kumar reached at 06.30 to Swayambar Utsav Hall, Tej
Pratap Nagar on his motorcycle was going to south of Tej
Ptratap Nagar Mohalla, and when he reached near Bhawani
Community Hall near Byepass, two motorcycle riders
surrounded him and opened two round of fire and fled away,
due to which he received injury on arm and fallen down. It is
next alleged that they again fired 2-3 round which hit him and
injured. On hulla, he and his Arvind Jee rushed and bring his
brother to Utwav Hall and thereafter he was taken to hospital on
motorcycle for treatment, where his treatment was going on.
4. Learned counsel for the petitioners submits that
petitioners are not named in the FIR and the allegation as
alleged in the F.I.R is false and fabricated and the petitioners
have not committed any offence as alleged in the F.I.R. It is next
submitted that the name of the petitioners have been transpired
during the course of the investigation and, in fact, it has come
during the investigation that Dev Kumar Singh @ Dev Kumar
(Cr. Misc. No. 85950 of 2025) who is alleged to be an
Patna High Court CR. MISC. No.73303 of 2025(5) dt.19-03-2026
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accomplice in the present crime in question and when Dev
Kumar was arrested, he had disclosed the name of the co-
accused namely, Mukesh Kumar @ Mukesh Roy (Cr. Misc. No.
73303 of 2025). Learned counsel for the petitioner further
submits that except the aforesaid no other cogent material has
come during investigation to suggest the involvement of the
petitioners in the present case. He further submits that the police
after investigation submitted the charge sheet against the
petitioners and the petitioners are in custody since 28.05.2025.
5. Learned Additional Public Prosecutor, on the other
hand, has vehemently opposed the prayer for bail of the
petitioners and submits that petitioners namely, Mukesh Kumar
@ Mukesh Roy has antecedent of only one case other than the
present case and Dev Kumar Singh @ Dev Kumar has
antecedent of two cases other than the present case and
petitioners are on bail in the pending matter.
6. Considering the aforesaid facts and circumstances,
let the petitioners, above named, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned A.C.J.M.-1st, Patna in connection with Beur P.S. Case
No. 253 of 2025,, subject to the following conditions:-
Patna High Court CR. MISC. No.73303 of 2025(5) dt.19-03-2026
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i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be canceled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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