Research › Search › Judgment

Patna High Court · body

2025 DAILYLAW 2736 (PAT)

Mohit Kumar v. The State of Bihar

CR. MISC./88122/2025 · 2026-02-24

Alok Kumar Sinha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.88122 of 2025 Arising Out of PS. Case No.-57 Year-2025 Thana- PACHMAHLA District- Patna ====================================================== Mohit Kumar S/O Ramanuj Prasad Singh R/O village- Barahiya, P.S- Barahiya, District- Lakhisarai ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Bablu Kumar For the Opposite Party/s : Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 3 24-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State . 2. Petitioner apprehends his arrest in a case registered for the offence punishable under Sections 126(2), 115, 109(1), 352, 351(2) and 3(5) of BNS, 2023 and Section 27 of Arms Act. 3. Prosecution story in brief is that on 14.07.2025, he petitioner along with other accused persons armed with weapons, arrived at the place where the yagya was being perfomred. It is alleged that the accused persons including the petitioner abused the son and nephew of informant and fired upon them with intention to kill. It is further alleged that the son of informant has sustained an injury on his hand and his nephew sustained an injury below his right eye. 4. Learned counsel for the petitioner submits that the Patna High Court CR. MISC. No.88122 of 2025(3) dt.24-02-2026 2/3 petitioner is innocent and has falsely been implicated in the present case. He further submits that there is no specific allegation against the petitioner of assault and the petitioner has three criminal antecedent, as statement made in para 3 of the bail application. Learned counsel for the petitioner further submits that the injury sustained by the informant is simple in nature. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. 6. Considering the aforesaid facts and circumstances of the case and particularly taking notices of the fact that co- accused, Prashant Kumar and Om Raj Kumar @ Om Raj have already been granted anticipatory bail vide order dated 28.11.2025 passed in Cr. Misc. No.79261 of 2025 and vide order dated 12.01.2026 passed in Cr. Misc. No.87538 of 2025 respectively, further taking note of the fact that the injury sustained by the informant is simple in nature, I am inclined to grant privilege of anticipatory bail to the petitioner. 7. Let the petitioner, as named above, in the event of his arrest or surrender within four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the Patna High Court CR. MISC. No.88122 of 2025(3) dt.24-02-2026 3/3 satisfaction of the learned Chief Judicial Magistrate, Barh, in connection with Panchmahala P.S. Case No. 57 of 2025, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure/Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and subject to further condition that :- (i) the petitioner shall co-operate in the investigation/ trial. (ii) the learned Court would, however, verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay. sanjeev/- (Alok Kumar Sinha, J) U T