Patna High Court
Mukesh Jamadar @ Feku Jamadar @ Leman TeaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specified conditions.
Summary
Mukesh Jamadar was arrested on 31‑08‑2025 in connection with a case involving alleged offences under Sections 317(4) and 3(5) of the Bharatiya Nyay Sanhita, 2023 and Sections 25(1‑B)A, 26/35 of the Arms Act. The prosecution claimed that police, acting on secret information, recovered a live cartridge, knife, mobile phone and other items from the accused. The petitioner contended that the FIR was fabricated, that there was non‑compliance of Section 103 of the BNSS, and that he was innocent. The State opposed bail, citing four prior criminal antecedents, though noting the petitioner was already on bail in other matters. The High Court, after considering the submissions, granted bail on a bond of Rs 10,000 with two sureties, imposing conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner pending trial for offences under the Bharatiya Nyay Sanhita and the Arms Act.
- Whether alleged non‑compliance of Section 103 of the Bharatiya Nyay Sanhita justifies denial of bail.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Arms Act — s. 25(1-B)A, 26/35
- Bharatiya Nyay Sanhita, 2023 — s. 103, 317(4), 3(5)
Subjects
- bail
- criminal procedure
- Bharatiya Nyay Sanhita
- Arms Act
- Section 103
- prior criminal antecedents
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85849 of 2025
Arising Out of PS. Case No.-224 Year-2025 Thana- NAGARNAUSA District- Nalanda
======================================================
Mukesh Jamadar @ Feku Jamadar @ Leman Tea S/O Hari Jamadar R/O
Village- Mahmadarpur, P.S- Nagarnausa, Distt.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Kumar, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 25-03-2026 Heard Mr. Rajeev Kumar, learned counsel for the
petitioner and Mr. Raj Kishor Singh, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
31.08.2025 in connection with Nagarnausa P.S. Case No.224 of
2025, F.I.R. dated 30.08.2025 for the offences punishable
Heard Mr. Sheo Kumar Prasad, for the offences punishable
under Sections 317(4), 3(5) of the Bharatiya Nyay Sanhita, 2023
and 25(1-B)A, 26/35 of Arms Act.
3. According to prosecution case, on secret
information when police reached the place of occurrence, five
persons started fleeing away but they were apprehended by the
police. On search, police recovered one live cartridge, katta, one
mobile phone, chain, knife and one motorcycle from the
Patna High Court CR. MISC. No.85849 of 2025(3) dt.25-03-2026
2/3
possession of accused persons.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that the allegation as alleged in
the F.I.R. is false and fabricated and the petitioner has not
committed any offences as alleged in the F.I.R and there is non-
compliance of Section 103 of BNSS. He further submits that the
police after investigation submitted the charge sheet against the
petitioner and the petitioner is in custody since 31.08.2025.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries four criminal antecedents other
than the present one but fairly submits on the basis of
paragraph-3 of the bail application that the petitioner is on bail
in the pending matters.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Judicial
Magistrate-Ist Class, Hilsa, Nalanda in connection with
Nagarnausa P.S. Case No.224 of 2025, subject to the following
conditions:-
Patna High Court CR. MISC. No.85849 of 2025(3) dt.25-03-2026
3/3
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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