Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court granted bail to the petitioners subject to conditions prescribed under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
Mukesh Kumar and Rakesh Kumar applied for bail after an FIR (Case No. 338 of 2025) alleged they committed extortion, assault, and theft of Rs.25,000, invoking several sections of the Bharatiya Nagrik Suraksha Sanhita (BNS). The petitioners contended they were merely consumers of the informant's PDS shop and that a minor altercation led to simple injuries, denying any extortion. The State opposed bail, arguing the injuries indicated active participation in the crime. The Court considered the nature of the accusations, the petitioners' clean antecedent, and their undertaking to cooperate, and granted bail subject to conditions under Section 482(2) of the BNS. The bail order required a bond of Rs.10,000 with two sureties, family involvement, and prohibitions against witness intimidation or evidence tampering.
Issues considered
- Whether the petitioners are entitled to bail in view of the alleged offences under the BNS
- Whether the petitioners pose a risk of witness intimidation or evidence tampering
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- bail
- extortion
- assault
- criminal procedure
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
- witness intimidation
- evidence tampering
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 83572 of 2025
Arising Out of PS. Case No.-338 Year-2025 Thana- TRIVENIGANJ District- Supaul
======================================================
1. Mukesh Kumar S/o- Bilash Sah @ Rambilash Sah Janta Road Nagar Parisad
Triveniganj (W.No-12 Latauna) Ps- Triveniganj Dist- Supaul
2. Rakesh Kumar S/o- Bilash Sah @ Rambilash Sah Janta Road Nagar Parisad
Triveniganj (W.No-12 Latauna) Ps- Triveniganj Dist- Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Naresh Kumar Mehta
For the Opposite Party/s : Mr.Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 05-01-2026 Heard the parties.
2. The petitioners apprehend their arrest in connection
with Triveniganj P.S. Case No. 338 of 2025, registered for the
offences punishable under Sections 126(2), 115(2), 351(2), 352,
380(3), 303(2), 109(1), 3(5) of the BNS.
3. The allegation against the petitioners is of demand
of extortion and causing assault to the son of the informant,
besides snatching of Rs.25,000/- from the informant.
4.Learned Advocate for the petitioners submitted that
the petitioners are none else but the consumer of the PDS shop,
which is being run by the informant and only on account of
some trifle, a free fight has taken place resulting into some
Patna High Court CR. MISC. No. 83572 of 2025(2) dt.05-01-2026
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unfortunate injuries to the son of the informant. However, in
order to wreak vengeance and put pressure, the present FIR
came to be instituted with some concocted story. There is
complete denial of allegation of extortion. Moreover, the
petitioners are men of fair antecedent and they undertake before
this Court that they will fully cooperate in the proceeding of the
court. It is lastly contended that be that as it may, it is alleged
that the petitioner No. 2 has assaulted the son of the informant
by means of butt of the pistol, however the injuries are found to
be simple in nature as is evident from the impugned order.
5. On the other hand, learned Advocate for the State
vehemently opposed the bail application and submitted that the
corresponding injury to the informant and his son clearly says
about the active participation of the petitioners in the crime.
6. Having considered the submissions set forth by the
learned Advocates for the respective parties and taking note of
the nature of accusation, coupled with the fair antecedent and
their undertaking before this Court, let the petitioners
abovenamed be released on bail, in the event of their arrest or
surrender before the court below within a period of four weeks
from the date of receipt/production of a copy of this order, upon
furnishing bail bonds of Rs.10,000/- (ten thousand) each with
Patna High Court CR. MISC. No. 83572 of 2025(2) dt.05-01-2026
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two sureties of the like amount each to the satisfaction of the
learned ACJM-I, Supaul in connection with Triveniganj P.S.
Case No. 338 of 2025, subject to the conditions laid down in
Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023,
with the further conditions:
(i) that one of the bailors shall be the own/close
family members of the petitioners,
(ii) that the petitioners would not indulge in
intimidating the witnesses/informant or tampering with the
evidence, and
(iii) that in case, the petitioners shall be found indulge
in intimidating the informant/witnesses or tampering with the
evidence, the informant shall be at liberty to file an application
for cancellation of the bail of the petitioners.
(Harish Kumar, J)
Anjani/-
U T
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