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Patna High Court - Orders

Mukesh Yadav @ Mukesh Kumar vs The State Of Bihar on 24 November, 2025

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.61953 of 2025
                       Arising Out of PS. Case No.-12 Year-2015 Thana- DUMARIYA District- Gaya
                 ======================================================
                 Mukesh Yadav @ Mukesh Kumar S/O Suresh Yadav R/O Village- Bichhi,
                 P.S.-Imamganj, District- Gaya

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Vishwa Ranjan Choudhary, Advocate
                 For the Opposite Party/s :      Mrs. Renu Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

5   24-11-2025

Heard Mr. Vishwa Ranjan Choudhary, learned counsel for the petitioner and Mrs. Renu Kumari, learned APP for the State.

2. The petitioner seeks bail in connection with Dumariya P.S. Case No. 12 of 2015 instituted for the offences under Sections 147, 148, 149, 212, 216, 323, 324, 325, 326, 307, 353, 302, 332, 333, 435, 120B, 379 of the Indian Penal Code, Section 27 of the Arms Act, Sections 3/4/5 of the Explosive Substance Act, Sections 10, 11, 13(I), 13(ii) of the UAP Act and Section 17 of the CLA Act.

3. Prosecution case, in short, is that during patrolling on 24.02.2015, the CRPF encountered around 90-100 armed naxalites. Later that night, twenty-six persons including the Patna High Court CR. MISC. No.61953 of 2025(5) dt.24-11-2025 2/3 petitioner were allegedly found keeping watch on the movement of the patrolling team and passing information to the naxalites, who subsequently blasted a police bus, resulting in the death of two CRPF personnel.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Learned counsel further submitted that was just a member of mob and had no participation in alleged explosion and he is being dragged in this case merely on the basis of suspicion. It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.06.2025 and has no criminal antecedent. Learned counsel further contended that the offences alleged do not come under the ambit of Section 43-D(5) of the U.A.P. Act as the offences alleged against the petitioner do not fall under Chapters IV and VI of the said Act. Several co-accused persons have already been granted bail by different coordinate Benches of this Court vide Annexure-P/3 Series to the present bail application.

5. Learned A.P.P. for the State has vehemently Patna High Court CR. MISC. No.61953 of 2025(5) dt.24-11-2025 3/3 opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dumariya P.S. Case No. 12 of 2015.

(Rudra Prakash Mishra, J) Alok Verma/-

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