Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for bail is allowed, and the petitioner is released on bail subject to the conditions of Section 438(2) CrPC and Section 482 BNS.
Summary
Mukesh Kumar filed a bail application fearing arrest in connection with PS‑Roshanganj Case No. 78 of 2025, wherein he was charged under Sections 115(2), 126(2), 109, 303(2) and 3(5) of the BNS for allegedly assaulting a victim. The prosecution alleged that the petitioner had assaulted the victim, while the petitioner’s counsel contended that he was falsely implicated and that the injury was simple. The court examined whether the seriousness of the alleged offences barred the grant of bail under Section 438(2) of the CrPC and Section 482 of the BNS. Relying on the principle that bail is a right unless the court is convinced of the petitioner’s guilt, the bench allowed the application. The petitioner was ordered to be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to the conditions of the cited statutes.
Issues considered
- Whether the petitioner is entitled to bail under Section 438(2) of the Code of Criminal Procedure, 1973 in view of the charges under the BNS.
- Whether the seriousness of the alleged offences under Sections 115(2), 126(2), 109, 303(2) and 3(5) of the BNS justifies denial of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- Section 438 CrPC
- Section 482 BNS
- assault
- criminal procedure
- presumption of innocence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78362 of 2025
Arising Out of PS. Case No.-78 Year-2025 Thana- ROSHANGANJ District- Gaya
======================================================
Mukesh Kumar S/O Ramashish Mistri @ Ramashish Choudhary R/O Vill.-
Jhaor, Jhor,(Shrirampur) P.S- Sherghati, Dist- Gaya, Bihar - 824211
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailesh Kumar Singh
Mr. Rajnish Ranjay
For the Opposite Party/s : Mr.Sunil Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 10-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Raushanganj P.S. Case No. 78 of 2025
registered for the offence under Sections 115(2), 126(2), 109,
303(2), 3(5) of the BNS.
3. As per the prosecution case, the petitioner is
said to have assaulted the victim.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. He further submits that the injury
caused to the victim is simple in nature.
Patna High Court CR. MISC. No.78362 of 2025(3) dt.10-03-2026
2/2
5. Considering the aforesaid facts, this application
is allowed.
6. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, 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 the learned ACJM,
Sherghati, Gaya/concerned Court below in connection with
Raushanganj P.S. Case No. 78 of 2025, subject to the conditions
laid down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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