Mukesh Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Mukesh Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on bail in the event of arrest or surrender within four weeks from communication of the order, on a bail bond of Rs. 10,000/- with two sureties of the like amount each, before the learned Addl. Chief Judicial Magistrate, Patna City, in connection with Fatuha P.S. Case No. 531 of 2024, subject to conditions under Section 438(2) Cr. P.C/482(2) of the BNSS, 2023.

Issue for consideration

Whether the petitioner, apprehending arrest for the offences under Sections 126, 115(2), 109, 89, 352, 351(2)/3 (5) of the BNS in connection with Fatuha P.S. Case No. 531 of 2024, is entitled to release on anticipatory bail.

Ratio / Principle

Considering the above facts and circumstances, the Court directed that the petitioner, in the event of his arrest or surrender within four weeks from the date of communication of the order, be released on anticipatory bail on furnishing a bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate, Patna City, in connection with Fatuha P.S. Case No. 531 of 2024, subject to the conditions laid down under Section 438(2) Cr. P.C./482(2) of the BNSS, 2023.

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Nawneet Kumar Pandey, J.), by oral order dated 09-10-2025 in Criminal Miscellaneous No. 32863 of 2025 arising out of Fatuha P.S. Case No. 531 of 2024 (District Patna), granted pre-arrest bail to the petitioner who apprehended arrest for offences under Sections 126, 115(2), 109, 89, 352, 351(2)/3 (5) of the BNS. Considering the facts and circumstances — including counsel's representation that the case was lodged in retaliation after the informant allegedly forcibly ousted the petitioner's parents from their house, and that the petitioner has filed a divorce case while the informant has filed a second complaint petition with similar allegations — the Court directed release on bail, in the event of arrest or surrender within four weeks from communication of the order, on a bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Addl. Chief Judicial Magistrate, Patna City, subject to the conditions laid down under Section 438(2) Cr. P.C./482(2) of the BNSS, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32863 of 2025

Arising Out of PS. Case No.-531 Year-2024 Thana- FATUA District- Patna

======================================================

Mukesh Kumar S/O Shyam Babu Singh Resident of Mohalla- Railway Colony Fatuha, P.S.- Fatuha, District- Patna

... ... Petitioner/s

Versus

The State of Bihar

Seema Kumari @ Savita Kumari W/O Mukesh Kumar R/O MohallaRailway Colony Fatuha, P.s.- Fatuha, Dist.- Patna.

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Vikas Ratan Bharti Mr Kumar Abhishek Mr. Deepak Kumar For the State : Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

4 09-10-2025 Heard the learned counsel for the parties.

The petitioner apprehends his arrest for the offences alleged under Sections 126, 115(2), 109, 89, 352, 351(2)/3 (5) of the BNS, registered in connection with Fatuha P.S.Case No. 531 of 2024.

The learned counsel for the petitioner has submitted that because the informant forcibly ousted the parents of the petitioner from their house, the petitioner lodged a case against the informant and in retaliation thereof, the present case has been lodged. Having left with no option, the petitioner is residing in a 3BHK rented flat with his parents in Mewalal

Patna High Court CR. MISC. No.32863 of 2025(4) dt.09-10-2025 2/2

Complex, Kumhrar and the informant is residing in the house of the petitioner. Further submission of the learned counsel is that the petitioner has also filed a divorce case against the informant. Except the present case, the informant has filed a second complaint petition with similar allegations.

On the other hand, the learned counsel for the informant has opposed the prayer for anticipatory bail by submitting that the petitioner and his family members tortured the victim variously.

Considering the above facts and circumstances, let the petitioner above-named, in the event of his arrest or surrender within four weeks from the date of communication of this order, 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 learned Addl. Chief Judicial Magistrate Patna city in connection with Fatuha P.S.Case No. 531 of 2024, subject to the conditions as laid down under Section 438(2) Cr. P.C/482(2) of the BNSS, 2023.

(Nawneet Kumar Pandey, J)

HR/-

U T