Patna High Court
Mukesh Kumar @ Bai SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court granted bail to the petitioner, subject to a bond, sureties, and conditions under Section 482(2) of the B.N.S.S 2023.
Summary
Mukesh Kumar, also known as Bai Singh, was implicated in a robbery case (Case No.31 of 2022) under Section 392 of the Indian Penal Code for allegedly stealing a motorcycle from an informant. The petitioner asserted his innocence, stating that no incriminating material had been recovered from him and that no TIP had been conducted. He also highlighted that he had not previously applied for anticipatory or regular bail and disclosed five prior criminal antecedents. The State opposed the bail application, arguing the seriousness of the offence and the petitioner’s criminal record. After considering the submissions, the High Court granted bail, directing the petitioner to surrender within eight weeks and furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S 2023 and provisions for cancellation if undisclosed antecedents or false statements are discovered.
Issues considered
- Whether bail should be granted to the petitioner in a robbery case under Section 392 IPC despite his disclosed criminal antecedents.
- Whether the petitioner’s claim of innocence and lack of material evidence justify the grant of bail.
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
- Indian Penal Code — s. 392
Subjects
- bail
- robbery
- Section 392 IPC
- anticipatory bail
- criminal antecedents
- Section 482
- B.N.S.S 2023
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88812 of 2025
Arising Out of PS. Case No.-31 Year-2022 Thana- KAKO District- Jehanabad
======================================================
Mukesh Kumar @ Bai Singh Son of Bindeshwar Sharma @ Vindeshwar
Sharma Resident of Village- Surajpur, P.S.- Hulasganj, District- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the State : Mr. Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
3 06-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail, apprehending his arrest,
in connection with Kako (Bhelawar) P.S. Case No. 31 of 2022,
dated 15.02.2022, registered for the offences punishable under
Section 392 of the Indian Penal Code.
3. As per allegation, when the informant was going to
Jehanabad by motorcycle, he was robbed of his motorcycle by
two unknown persons.
4. Learned counsel for the petitioner submits that the
Petitioner is innocent and has falsely been implicated in this
case. He further submits that nothing has been recovered from
the possession of the petitioner, nor any TIP has been conducted
Patna High Court CR. MISC. No.88812 of 2025(3) dt.06-04-2026
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till date. The petitioner is no way connected with the alleged
offence.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
bail petition that the petitioner has five criminal antecedents.
7. However, learned APP for the State vehemently
opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioner, above-named,
to be enlarged on bail, in the event of his arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on his
furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned concerned Court below, in connection
with Kako (Bhelawar) P.S. Case No. 31 of 2022, subject to the
conditions as laid down under Section 482 (2) of the B.N.S.S
2023, and on the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents other than
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the disclosed one, learned court below shall cancel the bail
bonds of the petitioner after hearing him and getting satisfied
that the petitioner has concealed his criminal antecedents despite
his knowledge of the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J)
shoaib/-
U T
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