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Patna High Court

Mukesh Jamadar @ Feku Jamadar @ Leman TeaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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