Mukesh Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Mukesh Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted to the petitioner in connection with Rajauli P.S. Case No. 31 of 2025 on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Nawada/concerned Court, subject to the condition of co-operating in the trial on each and every date fixed, failing which the bail bonds are liable to be cancelled.

Issue for consideration

Whether the petitioner, arrayed in Rajauli P.S. Case No. 31 of 2025 for offences punishable under Sections 303(2), 318(4), 316(2), 316(4) and 316(5) of the Bharatiya Nyaya Sanhita (alleged cheating of Rs. 22 lakhs), should be released on bail.

Court's answer

The bail application is allowed, the Court being guided by the period of custody undergone by the petitioner.

Ratio / Principle

The petitioner is to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional Chief Judicial Magistrate, Nawada/concerned Court in connection with Rajauli P.S. Case No. 31 of 2025.

Key takeaways

As a condition of the bail order, the petitioner is directed to co-operate in the trial, either personally or through his lawyer, on each and every date fixed in the trial Court; non-compliance will result in cancellation of his bail bonds.ratio¶24

Detailed headnote1 paragraphs

Bail — granted. The High Court of Judicature at Patna (Sandeep Kumar, J.), by order dated 08-12-2025 in Criminal Miscellaneous No.48429 of 2025, allowed the petitioner's bail application in connection with Rajauli P.S. Case No. 31 of 2025, registered for offences punishable under Sections 303(2), 318(4), 316(2), 316(4) and 316(5) of the Bharatiya Nyaya Sanhita, the allegation being of cheating Rs. 22 lakhs from the informant, which amount had been returned to the informant by the Bank. Considering the period of custody (the petitioner being in custody since 04.04.2025, and submitted to be suspended and to face departmental proceeding), the Court directed release on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Nawada/concerned Court, subject to the condition that the petitioner co-operate in the trial by appearing personally or through his lawyer on each and every date fixed, non-compliance entailing cancellation of the bail bonds.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.48429 of 2025

Arising Out of PS. Case No.-31 Year-2025 Thana- RAJAOLI District- Nawada

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

Mukesh Kumar S/o Banarasi Prasad @ Banarasi Parsad Yadav R/o VillageKare, P.S.- Sheikhpura, District- Sheikhpura

... ... Petitioner/s

Versus

The State of Bihar

Mukesh Kumar S/O - Krishna Prasad Yadav, R/V - Gopalpur, Dibaur,P.S. - Rajauli, District - Nawada

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Bipin Kumar, Advocate For the State : Mr.Mithlesh Kumar Khare, APP For the Bank : Mr. Apurv Harsh, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR

ORAL ORDER

6 08-12-2025

Heard learned counsel for the petitioner; learned APP

for the State and learned counsel for the Bank.

The informant has appeared personally and the SHO of Rajauli Police Station has also appeared. All of them have assisted this Court.

The petitioner seeks bail in connection with Rajauli P.S. Case No. 31 of 2025 registered for the offence punishable under Sections 303(2), 318(4), 316(2), 316(4) and 316(5) of the Bharatiya Nyaya Sanhita.

The allegation against the petitioner is of cheating Rs. 22 lakhs from the informant. The amount has been returned

to the informant by the Bank.

Patna High Court CR. MISC. No.48429 of 2025(6) dt.08-12-2025 2/2

Learned counsel for the petitioner submits that the petitioner is in custody since 04.04.2025 and he has been suspended and he will face departmental proceeding.

Considering the period of custody, this application is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Nawada/ concerned Court in connection with Rajauli P.S. Case No. 31 of 2025.

As a condition of this order, the petitioner, after being released on bail is directed to co-operate in the trial either by appearing personally or through his lawyer in the trial Court on each and every date fixed in the trial. Non-compliance of the condition will result in cancellation of the bail bonds of the petitioner.

(Sandeep Kumar, J)

P. Kumar

U T