Patna High Court

Mukesh Kumar @ Mukesh Kumar Yadav @ Mukesh YadavversusThe State of Bihar

Decided: 9 January 2026
Disposal: BAIL GRANTED
Bench: SHAILENDRA SINGH

Holding

The Court granted regular bail to the petitioner.

Summary

Mukesh Kumar was arrested in connection with a case registered under Section 96 of the Bharatiya Nyaya Sanhita, 2023, and later Section 8 of the POCSO Act. The petitioner argued that the allegations were false, citing the victim’s statement under Sections 180 and 183 of the BNSS that she had voluntarily married the petitioner and was living as his wife. He also highlighted his clean criminal record, the fact that he had been in custody since 7 September 2025, and that the investigation against him was complete. The State opposed the bail. Considering the victim’s statement, the completed investigation, and the petitioner’s prolonged custody, the Court granted regular bail on a bond of Rs. 20,000 with two sureties.

Issues considered

Whether regular bail should be granted to the petitioner under the circumstances of the case
Whether the victim’s statement under Sections 180 and 183 of the BNSS negates the prosecution’s case for denial of bail
Whether the completion of the investigation justifies the release of the petitioner on bail

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 180, 183, 96
Protection of Children from Sexual Offences Act — s. 8

Subjects

bail
regular bail
criminal procedure
Section 96 BNSS
POCSO Act
victim statement
investigation completed
custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86768 of 2025
                       Arising Out of PS. Case No.-452 Year-2025 Thana- AMARPUR District- Banka
                 ======================================================
                 Mukesh Kumar @ Mukesh Kumar Yadav @ Mukesh Yadav, S/O Shankar
                 Roy @ Shankar Yadav, Resident of Village- Sabalpur, P.S- Sonpur, Distt.-
                 Saran.
                                                                        ... ... Petitioner/s
                                               Versus
           1.     The State of Bihar
           2.    Lalita Devi W/O Nawal Paswan R/O Village- Ballikitta, P.S- Amarpur,
                 Distt.- Banka.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Ravi Prakash Dwivedi, Advocate
                 For the State           :        Mr. Ram Bilash Roy Raman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   09-01-2026                      Heard Mr. Ravi Prakash Dwivedi, learned counsel

                   for the Petitioner and Mr. Ram Bilash Roy Raman, learned APP

                   for the State.

                                  2. Petitioner seeks regular bail in connection with

                   Amarpur P.S. Case No. 452 of 2025 dated 20.06.2025 registered

                   for the offences punishable under Section 96 of the Bharatiya

                   Nyaya Sanhita, 2023 and later on, Section 8 of the POCSO Act

                   was added.

                                 3. The main submissions advanced by the petitioner’s

                   counsel are that the allegations levelled by the informant are

                   completely false and, in this regard, the victim’s own statement

                   recorded by her under Sections 180 and 183 of BNSS is

                   important, in which she stated that she had voluntarily married
           Patna High Court CR. MISC. No.86768 of 2025(2) dt.09-01-2026
                                                       2/2




                     the petitioner in Delhi on account of having a love affair with

                     him, and since then they have been living as husband and wife,

                     specific reference in this regard has been made in paragraph ‘8’

                     of the petition. It is further submitted that the petitioner bears no

                     criminal antecedent, has been languishing in jail since

                     07.09.2025, and against him, the investigation has been

                     completed.

                                  4. Learned APP for the State has opposed the prayer

                     for bail of the petitioner.

                                  5. Considering the aforesaid submissions, mainly the

                     petitioner’s custody period and the victim’s statement as stated

                     and mentioned by the petitioner’s counsel in the application,

                     which goes against the prosecution, coupled with the completion

                     of the investigation against the petitioner, this Court is inclined to

                     release him on bail. Accordingly, let the petitioner named-above

                     be released on bail on furnishing bail bond of Rs. 20,000/-

                     (Rupees Twenty Thousand) with two sureties of the like amount

                     each to the satisfaction of the concerned Court in connection with

                     Amarpur P.S. Case No. 452 of 2025.



                                               (Shailendra Singh, J)
maynaz/-

U     T

Continue reading with your account

Checking your session…