Patna High Court
Mukesh Kumar @ Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000 and two sureties, with the condition that the trial court may cancel the bail if the petitioner attempts to delay the trial.
Summary
Mukesh Kumar was arrested in connection with offences under Section 393 of the Indian Penal Code (dacoity) and Sections 25(1‑B)a, 26 and 35 of the Arms Act. He had been in custody since 3 March 2025 and filed a bail application after the charge‑sheet was framed on 15 September 2025. The petitioner’s counsel argued that he would not abscond and would cooperate with the trial, while the State opposed bail. The Patna High Court considered the submissions and directed that the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount. The court allowed the bail application but warned that the trial court could cancel the bail if the petitioner attempts to delay the trial. The order was pronounced by Justice Satyavrat Verma.
Issues considered
- Whether bail should be granted to an accused charged with offences under IPC Section 393 and the Arms Act.
- Whether the petitioner poses a risk of absconding or tampering with the trial process.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Indian Penal Code — s. 393
Subjects
- bail
- IPC 393
- Arms Act
- criminal procedure
- surety
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79150 of 2025
Arising Out of PS. Case No.-114 Year-2022 Thana- KONCH District- Gaya
======================================================
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
For the Opposite Party/s : Mr.Satyendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-02-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Sections 393 of the Indian Penal
Code and Sections 25(1-B)a, 26 and 35 of the Arms Act.
3. The learned counsel for the petitioner submits that
the petitioner is in custody since 03.03.2025 and had moved
earlier seeking regular bail by filing Cr. Misc. No.48553 of 2025
and the same was permitted to be withdrawn with liberty to the
petitioner to renew his prayer for bail after framing of charge. It
is next submitted that charges against the petitioner has been
framed by an order dated 15.09.2025 as would manifest from
Annexure-P/4. It is further submitted that petitioner will not
abscond rather will cooperate in the trial to prove his innocence.
Patna High Court CR. MISC. No.79150 of 2025(2) dt.16-02-2026
2/2
4. Learned A.P.P. opposes the bail application.
5. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, the petitioner,
above-named, is directed to be released on bail on his furnishing
bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court below where the case is pending in connection
with Konch P. S. Case No.114 of 2022.
6. The application stands allowed.
7. However, it is made clear that if the learned trial
court comes to a conclusion that petitioner after his release is
trying the delay the trial in any manner, the learned trial court
shall be at liberty to cancel the bail bonds of the petitioner.
(Satyavrat Verma, J)
vikash/-
U T
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