Mukesh Yadav @ Mukesh Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Mukesh Yadav @ Mukesh Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on bail in the event of arrest or surrender before the learned Court below within six weeks from the date of order, on bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate 1st Class, Sherghati at Gaya/Successor Court, in connection with Roshanganj P.S. Case No.100 of 2022, subject to Section 482(2) BNSS conditions and the Court's additional conditions (bona fide bailor; mandatory appearance before Trial Court with cancellation for two consecutive unexplained absences; no witness inducement/tampering; desistance from fresh offences).

Issue for consideration

Whether the petitioner, who apprehends arrest in Roshanganj P.S. Case No.100 of 2022 (offences under Sections 427, 307 IPC and 27 Arms Act), is entitled to anticipatory bail.

Court's answer

Anticipatory bail granted: considering the facts and circumstances of the case, the petitioner is directed to be released on bail in the event of his arrest or surrender before the learned Court below within six weeks, on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate 1st Class, Sherghati at Gaya/Successor Court, subject to the conditions under Section 482(2) BNSS and four further conditions (one bailor to be a family member/relative/known person showing bona fides; appearance on every date before the Trial Court, failure on two consecutive dates without plausible reason entailing cancellation of bail bond by the Trial Court; no inducement, promise or threat to witnesses or tampering with evidence, failing which the State may seek cancellation; desistance from committing any criminal offence again, failing which the State may seek cancellation of bail bonds).

Detailed headnote1 paragraphs

ANTICIPATORY BAIL — Patna High Court (Ajit Kumar, J) allows anticipatory bail application of Mukesh Yadav @ Mukesh Kumar apprehending arrest in Roshanganj P.S. Case No.100 of 2022, District Gaya, registered under Sections 427 and 307 IPC and Section 27 Arms Act, arising from alleged setting on fire of a JCB machine and shooting of helper Pintu Kumar by two motorcycle riders during Pradhan Mantri Gram Sadak Yojana bridge construction (Lemboiya–Pananniya route). Per counsel, the petitioner was not named in the FIR, was implicated only on the confessional statement of apprehended co-accused Dhananjay Chaudhary, had no recovery from his conscious possession, no criminal antecedents, and a similarly situated co-accused had been granted anticipatory bail vide order dated 02.05.2025 in Cr. Misc. No.8327 of 2025; the learned APP opposed the prayer. Considering the facts and circumstances, the Court directed release on bail in the event of arrest or surrender within six weeks on a bail bond of Rs. 10,000/- with two like sureties to the satisfaction of the Judicial Magistrate 1st Class, Sherghati at Gaya/Successor Court, subject to Section 482(2) BNSS conditions and further conditions regarding a bona fide family bailor, regular trial attendance (cancellation for two consecutive unexplained absences), non-tampering with witnesses/evidence, and desistence from fresh offences.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10274 of 2026

Arising Out of PS. Case No.-100 Year-2022 Thana- ROSHANGANJ District- Gaya

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

Mukesh Yadav @ Mukesh Kumar S/o Naresh Yadav @ Ramanaresh Yadav R/o Village- Lemboiyah, PS- Roshanganj, Dist- Gaya

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Md. Matloob Rab ======================================================

CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

2 25-02-2026

Heard learned counsel for the petitioner and

learned APP for the State.

The petitioner apprehends his arrest in connection with Roshanganj P.S. Case No.100 of 2022, registered for the offence punishable under Sections 427, 307 of the Indian Penal Code and 27 of Arms Act.

As per the FIR, during the construction work of bridge under Pradhan Mantri Gram Sadak Yojana for the route Lemboiya to Pananniya, two motorcycle riders set one JCB machine on fire and also shot helper Pintu Kumar.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Petitioner is not named in the FIR and there is no recovery from the conscious possession of the petitioner. The name of the

Patna High Court CR. MISC. No.10274 of 2026(2) dt.25-02-2026 2/3

petitioner transpired only on the basis of confessional statement of apprehended co-accused, namely, Dhananjay Chaudhary. It is further submitted that similarly situated co-accused person has been granted anticipatory bail vide order dated 02.05.2025 passed in Cr. Misc. No.8327 of 2025. Lastly, it is submitted that the petitioner has no criminal antecedents.

On the other hand, the learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1^st Class, Sherghati at Gaya/Successor Court in connection with Roshanganj P.S. Case No.100 of 2022, subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions:

(i) One of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document/ personal affidavit to show his/her bona fide;

(ii) the petitioner(s) shall appear on each and every

Patna High Court CR. MISC. No.10274 of 2026(2) dt.25-02-2026 3/3

date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself;

(iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.

(Ajit Kumar, J)

shikha/-

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