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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted to all nine named petitioners: in the event of arrest or surrender within eight weeks, to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Sarai P.S. Case No. 208 of 2025, subject to the conditions laid down under section 482(2) BNSS, 2023.

Issue for consideration

Whether the petitioners, who apprehend arrest in Sarai P.S. Case No. 208 of 2025 registered for offences punishable under sections 191(2), 190, 126(2), 115(2), 324(2), 132, 352, 351(2) and 3(5) of the BNS, should be enlarged on anticipatory bail.

Court's answer

Considering the facts, the clean antecedent of the petitioners and other circumstances of the case, the Court directed that in the event of arrest or surrender within eight weeks, the petitioners be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Sarai P.S. Case No. 208 of 2025.

Ratio / Principle

The grant of bail was made subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted (Prabhat Kumar Singh, J., Patna High Court, order dated 20-01-2026 in Criminal Miscellaneous No. 91821 of 2025, arising out of Sarai P.S. Case No. 208 of 2025, District Vaishali). Nine petitioners apprehended arrest for offences punishable under sections 191(2), 190, 126(2), 115(2), 324(2), 132, 352, 351(2) and 3(5) of the BNS. The FIR alleged that, despite instructions not to intervene in public work, the accused along with 10-13 others disrupted public work, pushed officials and abused them. Counsel for the petitioners submitted that the allegations were general and omnibus, that no specific accusation was made against the petitioners, and that they had clean antecedents; learned counsel for the State opposed the bail petition. Considering the facts, the clean antecedent of the petitioners and other circumstances, the Court directed that in the event of arrest or surrender within eight weeks the petitioners be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur, subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.91821 of 2025

Arising Out of PS. Case No.-208 Year-2025 Thana- SARAI District- Vaishali

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1 . Mukesh Rai @ Mukesh Kumar Rai Son of Ram Shankar Rai Resident of Village Sital Bhakurahar, Police Station - Sarai, Dist. - Vaishali.

Rinku Devi Wife of Shivchandra Rai Resident of Village Sital Bhakurahar, Police Station - Sarai, Dist. - Vaishali.

3 . Ramanandan Rai Son of Ram Swarath @ Swarath Rai @ Sogarath Rai Resident of Village Sital Bhakurahar, Police Station - Sarai, Dist. - Vaishali.

Sachin Kumar Son of Ram Surath Rai @ Ram Surat Rai Resident of Village Sital Bhakurahar, Police Station - Sarai, Dist. - Vaishali.

5 . Rohit Rai @ Rohit Kumar Son of Arvind Rai @ Arvind Kumar Resident of Village Sital Bhakurahar, Police Station - Sarai, Dist. - Vaishali.

Dilip Rai @ Dilip Kumar Son of Rambabu Rai Resident of Village Sital Bhakurahar, Police Station - Sarai, Dist. - Vaishali.

Santosh Rai @ Santosh Kumar Son of Late Ram Bahadur Rai Resident of Village Sital Bhakurahar, Police Station - Sarai, Dist. - Vaishali.

8 . Bhulla Rai @ Ramkishun Rai Son of Late Ramnandan Rai Resident of Village Sital Bhakurahar, Police Station - Sarai, Dist. - Vaishali.

Putul Kumari D/o Ram Das Rai R/o Village - Gomti, P.S. - Rajapakar, Dist. - Vaishali.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance : For the Petitioner/s : Mr. Ranjeet Kumar , Advocate For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 20-01-2026 Heard learned counsel for the petitioners and the

State .

Petitioners apprehend their arrest in a case registered for the offence punishable under sections 191 ( 2 ), 190, 126 ( 2 ), 115 ( 2 ), 324 ( 2 ), 132, 352, 351 ( 2 ) and 3 (5)

Patna High Court CR. MISC. No.91821 of 2025(2) dt.20-01-2026 2/3

of BNS.

3 . As per F.I.R., informant alleged that even upon the instruction of informant and other officials not to intervene in public work , all the accused persons along with 10 – 13 others disrupted public work , pushed officials and also abused them.

It is submitted on behalf of the petitioners that petitioners are innocent and has committed no offence as alleged. Allegation is general and omnibus against these petitioners. No specific accusation is alleged against them. They have got no concern with the alleged occurrence . Petitioners claim clean antecedent.

5 . Learned counsel for the State oppose the bail

petition .

6 Considering the aforesaid facts, clean antecedent of these petitioners and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate Vaishali at Hajipur in connection with Sarai P.S. Case No. 208 of 2025 , subject to the conditions laid

Patna High Court CR. MISC. No.91821 of 2025(2) dt.20-01-2026 3/3

down under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 .

(Prabhat Kumar Singh, J)

Koushik/-

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