Patna High Court
Mukesh Rai @ Mukesh YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to petitioners 1, 3, 4 and 5, subject to bail‑bond conditions under Section 482(2) of the CrPC.
Summary
Five individuals from Pokhraira, Muzaffarpur, feared arrest in a case registered under IPC sections 147, 148, 149, 354, 307, 504 and 34 alleging assault and theft of a mangalsutra. They contended that the case was a fabricated retaliation against an earlier complaint they had filed, and that the allegations were vague and without specific overt acts. Petitioners sought anticipatory bail; the petition of the second petitioner had been withdrawn. The State opposed the bail, but the court, noting the counter‑case context and the general nature of the accusations, granted anticipatory bail to petitioners 1, 3, 4 and 5. The bail was conditioned on a Rs.10,000 bond with two sureties each and was subject to Section 482(2) of the CrPC, to be enforced by the Additional Chief Judicial Magistrate, Muzaffarpur.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious IPC offences alleged
- Whether the allegations constitute a specific charge or are merely vague and general
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 147, 148, 149, 307, 34, 354, 504
Subjects
- anticipatory bail
- IPC
- Section 147
- Section 148
- Section 149
- Section 354
- Section 307
- Section 504
- Section 34
- Section 482
- high court
- false accusation
- counter case
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84716 of 2025
Arising Out of PS. Case No.-509 Year-2023 Thana- SARAIYA District- Muzaffarpur
======================================================
1. Mukesh Rai @ Mukesh Yadav S/O Bachhu Rai R/O Village- Pokhraira, P.S-
Saraiya (O.P. Jaitpur), Distt.- Muzaffarpur.
2. Jaikishun Rai S/O Late Sheetal Rai R/O Village- Pokhraira, P.S- Saraiya
(O.P. Jaitpur), Distt.- Muzaffarpur.
3. Ramji Rai S/O Late Sheetal Rai R/O Village- Pokhraira, P.S- Saraiya (O.P.
Jaitpur), Distt.- Muzaffarpur.
4. Deepak Kumar S/O Shomi Rai R/O Village- Pokhraira, P.S- Saraiya (O.P.
Jaitpur), Distt.- Muzaffarpur.
5. Laxman Rai @ Laxman Kumar Rai S/O Late Sheetal Rai R/O Village-
Pokhraira, P.S- Saraiya (O.P. Jaitpur), Distt.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Santosh Kumar, Advocate
For the State : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 17-03-2026 Heard Mr. Santosh Kumar, learned counsel appearing
on behalf of the petitioners and Mr. Pramod Kumar Pandey,
learned APP appearing on behalf of the State.
2. The prayer for grant of anticipatory bail to
Petitioner No. 2 has already been dismissed as withdrawn vide
order dated 23.12.2025.
3. Petitioner Nos. 1, 3, 4 and 5 apprehend their arrest
in a case registered for the offence punishable under Sections
147, 148, 149, 354, 307, 504 and 34 of the Indian Penal Code.
Patna High Court CR. MISC. No.84716 of 2025(5) dt.17-03-2026
2/3
4. As per prosecution case, all 14 F.I.R. named
accused persons, including these petitioners, assaulted informant
and his family members and also snatched Mangalsutra and
other articles.
5. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. The present case is counter-blast of
Saraiya P.S. Case No. 96 of 2023 which was lodged by
Jaikishun Rai against informant and others and only with a view
to save their skin from the aforesaid case, this false and
concocted case has been lodged. Allegation of assault is general
and omnibus and no specific accusation of overt act has been
alleged against these petitioners. Rest of the allegations are
ornamental in order to make the case grave.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
7. Considering the facts and circumstances of the
case, case and counter-case between the parties and general and
omnibus nature of accusation, the prayer for grant of
anticipatory bail to Petitioner Nos. 1, 3, 4 and 5 is allowed.
8. Accordingly, in the event of arrest/surrender within
Patna High Court CR. MISC. No.84716 of 2025(5) dt.17-03-2026
3/3
a period of eight weeks from today, let the above named
Petitioner Nos. 1, 3, 4 and 5 be enlarged 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 learned Additional
Chief Judicial Magistrate 4th, Muzaffarpur (West) in connection
with Saraiya P.S. Case No. 509 of 2023, subject to condition as
laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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