Patna High Court

Mukesh KumarversusThe State of Bihar

Decided: 6 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court granted bail to the petitioners subject to a bond of Rs.10,000 each with two sureties and conditions under section 482(2) of the BNSS.

Summary

Mukesh Kumar and Krishna Kumar petitioned the Patna High Court seeking bail, fearing arrest in a case registered under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for alleged assault with a garasa, iron rod and pistol and looting of Rs.30,000. The FIR dated 06‑07‑2025 describes the alleged offences, but the petitioners contend the case is false, arising from a land dispute and that a similar case was earlier filed in 2018 to pressure them. The State opposed the bail application. The Court, considering the relationship between the parties, the general and omnibus nature of the allegations, and the circumstances, ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 each with two sureties of equal amount, subject to conditions under section 482(2) of the BNSS. The bail order was conditioned on surrender within eight weeks and compliance with the stipulated conditions. The petition was thus allowed, granting bail to the accused.

Issues considered

Whether bail should be granted to the petitioners despite the serious nature of the offences alleged under sections 331(2), 118(1), 110, 74, 76, 305, 351(2), 352 and 3(5) of the BNSS.
Whether the allegations constitute a false and concocted case arising from a land dispute, affecting the grant of bail.
Whether the conditions prescribed under section 482(2) of the BNSS are applicable to the bail order.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 110, 118(1), 305, 331(2), 3(5), 351(2), 352, 482(2), 74, 76

Subjects

bail
criminal procedure
BNSS
land dispute
false case
assault
looting
section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84992 of 2025
                      Arising Out of PS. Case No.-241 Year-2025 Thana- NARHATT District- Nawada
               ======================================================
           1 . Mukesh Kumar S/o Late Girja Singh R/o Village - Khanwa (Barki Tola), P.S
                - Narhat, District - Nawada
           2.    Krishna Kumar S/o Late Girja Singh R/o Village - Khanwa (Barki Tola), P.S
                 - Narhat, District - Nawada

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Kumar , Advocate
                 For the Opposite Party/s :      Mr. Chandra Sen Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   06-01-2026                     Heard learned counsel for the petitioners and the

                   State .

                                2. Petitioners apprehend their arrest in a case

                   registered for the offence punishable under sections 331 ( 2 ),

                   118 (1) , 110, 74, 76, 305 , 351 ( 2 ), 352 and 3 (5) of BNS.

                                3 . As per F.I.R., on 06.07.2025 at about 02:00 AM,

                   all the accused persons including these petitioners assaulted

                   informant by means of Garasa and iron rod and on point of

                   pistol looted cash of Rs. 30,000/-.

                                4. It is submitted on behalf of the petitioners that both

                   the parties are gotias and due to land dispute between both the

                   parties, this false and concocted case has been lodged against
            Patna High Court CR. MISC. No.84992 of 2025(2) dt.06-01-2026
                                                        2/2




                      these petitioners. Earlier, also informant has filed a case vide

                      Narhat PS Case No. 62 of 2018 against these petitioners and

                      others only to put pressure upon them to give share of land.

                      Allegation of assault is general and omnibus against these

                      petitioners.

                                   5 . Learned counsel for the State oppose the bail

                      petition .

                                     6 Considering the relationship between the parties

                      and general and omnibus allegation against these petitioners

                      and other circumstances of the case, in the event of arrest or

                      surrender within eight weeks from today, let the petitioners, as

                      named above, 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 the learned        Additional

                      Sessions Judge - 1st Nawada in connection with Narhat P.S.

                      Case No. 241 of 2025 , subject to the conditions laid down

                      under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha

                      Sanhita ( BNSS) , 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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