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Patna High Court

Mukesh Rai @ Mukesh YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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 Petitioners sought anticipatory bail; the petition of the second petitioner had been withdrawn.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

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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