Patna High Court
Mukesh NishadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Mukesh Nishad was charged under Sections 303(2), 317(2), 317(5), 317(4) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 for alleged involvement in the theft of jewellery from a woman travelling by train and subsequent extortion attempts. The prosecution narrated that the victim’s bag was stolen on a train, and that the accused allegedly contacted the victim demanding money for the return of the stolen items. The petitioner contended that he was falsely implicated, that no material was recovered from his possession, and that the FIR was lodged seven days after the incident without justification. He also highlighted his nine pending criminal cases and argued that bail should not be denied merely on the basis of past antecedents. The court, after considering the facts and the bail application, ordered his release on bail subject to a cash bond of Rs.10,000 with two sureties and a series of conditions aimed at ensuring his cooperation with the trial and preventing tampering with evidence.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences and his prior criminal record
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 303(2), 317(2), 317(4), 317(5), 61(2)
Subjects
- bail
- criminal procedure
- theft
- extortion
- Bharatiya Nyaya Sanhita
- prior criminal record
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91996 of 2025
Arising Out of PS. Case No.-204 Year-2024 Thana- BHAGALPUR GRP CASE District-
Bhagalpur
======================================================
Mukesh Nishad Son of Late Mahesh Nishad @Mahesh Mandal R/o Village -
Lailakh, P.S. - Sabour, District - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha, Adv.
For the Opposite Party/s : Mr. Madhuri Lata, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and
learned A.P.P for the State.
2. The petitioner seeks bail in connection with
Bhagalpur G.R.P.S. Case No. 204 of 2024 dated 13.11.2024
registered for the offence punishable under Sections 303(2),
317(2), 317(5), 317(4) and 61(2) of the Bharatiya Nyaya
Sanhita, 2023.
3. The prosecution case, in short, is that the
informant was travelling in Katwa local train No. 03440 and
was going to Ekchari with her two children. She was having
a trolly bag of purple colour in which all her jewellery, hand
purse and ticket was lying which was kept on upper rack.
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When train started, two persons came and stood in front of
her and thereafter, four five persons came and assembled
there and among those persons, one person pressed the leg
of her child so he started crying. She became busy to relax
her child. In the meantime, two persons climbed on the
upper rack. When train started, she saw that all those six
people, who were standing in front of her, all of them were
fleeing from platform No. 02 and her lady purse was with
them. On suspicion, she searched her trolly bag and found
that trolly bag was opened and all the jewellery was
missing. It is further alleged that the informant reached at
Lailakh Station with her husband and met son of Mukhiya,
namely, Mukesh Nishad who told her that your stolen
articles are safe and sound. You will get it if you spend
some money. Thereafter, he told the informant to go. She
left Bhagalpur and when she was on the way, she received a
call on her mobile and received a message from other side
that all the jewellery are safe and you will get it if you come
worth Rs. 50,000/- and when she met with Rahul with Rs.
50,000/- he began to demand Rs. 1,50,000/- and assured
that she will get all the jewellery. She gave a time for one
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day. On the next day he got information from Rahul that all
the jewellery has been sold to the petitioner and others
which were 63 gms.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in
this case. It is submitted that nothing has been recovered
either from conscious possession of the petitioner or from
his house. Only on the basis of suspicion, the petitioner has
been made accused in this case. It is further submitted that
the F.I.R. has been lodged after seven days of the
occurrence without any plausible explanation for the delay.
It is submitted that petitioner’s bail application has been
rejected on the basis of his past criminal antecedents. Lastly,
it has been submitted that the petitioner is in custody since
18.09.2025, having nine criminal cases against him and
charge-sheet has been submitted in the case.
5. Learned A.P.P for the State opposes the prayer
for bail of the petitioner.
6. Having considered the facts and circumstances
of the case and submissions of learned counsel for the
parties, let the petitioner be released on bail upon furnishing
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bail bonds of Rs. 10,000/- (ten thousand) with two sureties
of the like amount each to the satisfaction of the learned
A.C.J.M.-cum-Railway Magistrate, Bhagalpur in
connection with G.R.P.S. Case No. 204 of 2024, subject to
the following conditions:-
1. Petitioner shall co-operate in the trial and
shall be properly represented on each and every
date fixed by the Court and on his absence on two
consecutive dates without sufficient reason, his bail
bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood
relation, preferably father, mother, brother, sister
and or his wife.
3. The bailor shall also state on affidavit that
he will inform the court concerned if the petitioner
is made accused in any other case of similar nature
after his release in the present case and thereafter
the court below will be at liberty to initiate the
proceeding for cancellation of bail on ground of
misuse.
4. 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.
5. The petitioner within two weeks of his
release from custody shall appear before the
S.H.O. of his local area alongwith a copy of this
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order and shall appear every fortnightly to mark
his attendance till conclusion of the trial.
(Khatim Reza, J)
prabhat/-
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