Patna High Court

MUKESH KUMAR @ MUKKU BABA @ MUKUL BABAversusThe State of Bihar

Decided: 12 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner, directing his release on bond with conditions.

Summary

Mukesh Kumar was arrested in a police raid based on secret information and charged under sections 310(4), 310(5), 111(2)(b) of the BNS and sections 25(1‑B)(a), 26 and 35 of the Arms Act. He contended that he was falsely implicated, his name appearing only in the statement of a co‑accused who had already been granted bail. The State opposed bail, highlighting seven prior criminal cases against him. The court examined the circumstances, noting the petitioner’s prolonged custody since 19‑06‑2025 and the lack of direct evidence. It decided to enlarge bail, directing his release on a bond of Rs 10,000 with two sureties and conditions of cooperation and physical presence in court.

Issues considered

Whether regular bail should be granted to the petitioner despite the serious charges under the BNS and Arms Act
Whether the petitioner’s alleged involvement, based solely on a co‑accused’s statement, warrants continued judicial custody
Whether the petitioner’s criminal antecedents preclude bail

Legislation cited

Arms Act — s. 25(1‑B)(a), 26, 35
Bihar Narcotic Substances Act (BNS) — s. 111(2)(b), 310(4), 310(5)

Subjects

regular bail
judicial custody
arms act
secret information
co‑accused statement
criminal antecedents
Bihar Narcotic Substances Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86904 of 2025
                      Arising Out of PS. Case No.-494 Year-2024 Thana- DHANARUA District- Patna
                 ======================================================
                 MUKESH KUMAR @ MUKKU BABA @ MUKUL BABA S/O Sri
                 Ramanuj Prasad R/O Saidpur, Kachchri Gali, Bhikhna Pahari, P.S.-
                 Kadamkuan, Dist.- Patna.                          ... ... Petitioner/s
                                             Versus
                 The State of Bihar Patna                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Kumar Rajeev, Advocate
                 For the Opposite Party/s :      Mr.Narsingh Tanti, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   12-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 310 (4),

                   310 (5), 111 (2) (b) of the BNS and Section 25 (1-B) (a), 26 and

                   35 of the Arms Act.

                                3.     The case of the prosecution is that the police

                   received secret information that certain miscreants had gathered

                   and were planning to commit some offence. Acting upon the

                   said information, police raided the place, whereupon three

                   persons were apprehended and arms were recovered from their

                   possession.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in

                   connection with the present case. It is further submitted that

                   name of this petitioner has surfaced only in the statement of co-

                   accused, namely, Sumit Kumar @ Rahul, who was apprehended
            Patna High Court CR. MISC. No.86904 of 2025(2) dt.12-01-2026
                                                        2/2




                      by the police and has subsequently been granted bail by a co-

                      ordinate Bench of this Court vide order dated 27.08.2025 passed

                      in Cr. Misc. No. 59677 of 2025. It is further submitted that the

                      case of this petitioner stands on better footing. Moreover, the

                      petitioner is languishing in judicial custody since 19.06.2025

                                   5. Learned APP appearing for the state has opposed

                      the prayer of regular bail and submitting that the petitioner has

                      seven criminal antecedents.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this court is inclined to enlarge the petitioner on

                      bail. The above named petitioner is directed to be released on

                      bail in connection with Dhanarua P.S. Case No. 494 of 2024 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      SDJM, Masaurhi, Patna, subject to the conditions that the

                      petitioner shall co-operate in the trial, shall remain physically

                      present before the trial court on each and every date and that one

                      of the bailors should be a family member of the petitioner.



                                            (Ashok Kumar Pandey, J)
Jagdish/-

U       T

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