Patna High Court

Mukesh Kumar @ Santosh KumarversusThe State of Bihar

Decided: 10 April 2026
Disposal: DISPOSED
Bench: ANSHUMAN

Holding

The court rejected the petitioner's regular bail because he failed to establish that he is not absconding in the other pending criminal cases.

Summary

The petitioner, Mukesh Kumar, applied for regular bail in a criminal case (PS Case No. 257 of 2022) while already being in custody since May 2023. Earlier bail applications had been rejected and later withdrawn. The petitioner argued that his ten pending criminal cases should not be considered and that the court should focus solely on the merits of the present case. The State contended that the petitioner had failed to produce documents showing he was not absconding in the other cases, as previously directed by the court. The High Court held that the petitioner’s conduct in the other pending matters, particularly the failure to demonstrate he was not absconding, was material and therefore denied regular bail, while allowing a future application if the required documents are produced.

Issues considered

Whether regular bail can be granted to an accused who has ten pending criminal cases and has not shown that he is not absconding in those cases.
Whether the court must consider the petitioner’s antecedents and conduct in other pending cases when deciding a bail application.

Subjects

bail
regular bail
absconding
pending criminal cases
high court
criminal miscellaneous
custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74606 of 2025
                    Arising Out of PS. Case No.-257 Year-2022 Thana- LAKHNAUR District- Madhubani
                 ======================================================
                 Mukesh Kumar @ Santosh Kumar S/O Amirak Prasad Village - Loharpura,
                 P.S.- Kadirganj, District - Nawada

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

                                                                           ... ... Opposite Party/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Durgesh Nandan, Advocate
                 For the Opposite Party/s :      Mr.Suman Kumari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                    ORAL ORDER

8   10-04-2026                   Heard learned counsel appearing for the petitioner and

                   learned APP appearing for the State.

                                 2. The prayer for bail of the petitioner has earlier been

                   rejected vide order dated 07.08.2024 passed in Criminal

                   Miscellaneous No. 29984 of 2024, and thereafter, the same was

                   dismissed as withdrawn vide order dated 20.06.2025 passed in

                   Criminal Miscellaneous No. 15427 of 2025.

                                 3. Learned counsel for the petitioner submits that the

                   petitioner is in custody since 20.05.2023. It is further submitted

                   that the only adverse aspect against the petitioner is that he is an

                   accused in 10 criminal cases. Learned counsel contends that

                   while considering the bail application, the antecedents of the
Patna High Court CR. MISC. No.74606 of 2025(8) dt.10-04-2026
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          petitioner ought not to be taken into account, and the Court

          should confine itself to the merits and demerits of the present

          case.

                       4. Learned counsel for the State opposes the prayer

          for bail and submits that this Court had earlier directed the

          petitioner to produce supporting documents to demonstrate that

          he is not absconding in the pending cases, which he has failed to

          do.

                       5. After hearing the parties, this Court observes that

          irrespective of the merits or demerits of the case, the conduct of

          the petitioner in relation to the pending criminal cases assumes

          significance. There are as many as 10 criminal cases pending

          against the petitioner, and the Court is primarily concerned with

          whether the petitioner is absconding in any of those cases. The

          petitioner has failed to satisfy the Court on this aspect. In such

          circumstances, this Court is not inclined to grant regular bail to

          the petitioner.

                       6. Accordingly, the prayer for regular bail of the

          petitioner in connection with Lakhnour (RSOP) P.S. Case No.

          257 of 2022, pending before the learned A.D.S.J. 1 st

          Jhanjharpur, Madhubani, is hereby rejected.

                       7. However, the petitioner shall be at liberty to renew
            Patna High Court CR. MISC. No.74606 of 2025(8) dt.10-04-2026
                                                        3/3




                      his prayer for bail as and when he is able to bring on record

                      supporting documents to establish that he is not absconding in

                      the pending cases.



                                                  (Dr. Anshuman, J)
Ashwini/-

U      T

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