Patna High Court

Mukul Singh @ Mukul KumarversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The Court granted bail to the petitioner, finding no specific allegation of firing against him in the FIR.

Summary

Mukul Singh was named in an FIR for the alleged murder of his informant's husband, alleged to arise from a land dispute, under Sections 103(1) and 3(5) of the BNS and Section 27 of the Arms Act. The petitioner contended that the FIR only implicated five co‑accused in the firing and that he was merely passing by on a motorcycle, making his inclusion false. The State opposed bail, citing the seriousness of the charge and the petitioner’s involvement in three other cases. The Court observed that the FIR does not allege any firing by the petitioner and, applying Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, ordered his release on bail with a bond of Rs.10,000 and two sureties. The bail order was conditioned on surrender within four weeks and compliance with the stipulated conditions.

Issues considered

Whether the petitioner is entitled to bail despite being named in the FIR for murder and arms offences
Whether the FIR sufficiently implicates the petitioner in the alleged firing
Applicability of Section 438(2) Cr.P.C. and Section 482(2) BNSS to grant bail

Legislation cited

Arms Act — s. 27
BNS — s. 103(1), 3(5)
BNSS — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

bail
murder
FIR
arms act
land dispute
Section 438
Section 482
criminal procedure
false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10831 of 2026
                        Arising Out of PS. Case No.-191 Year-2025 Thana- HILSA District- Nalanda
                 ======================================================
                 Mukul Singh @ Mukul Kumar S/O Ravindra Singh Resident of village-
                 Momindpur Police Station- Hilsa, District- Nalanda
                                                                           ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Anil Kumar
                 For the Opposite Party/s :       Mr.Sunil Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER
2   24-02-2026                   Heard the parties.

                                2. The petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Hilsa P.S. Case No. 191

                   of 2025 registered for the offences punishable under Sections

                   103(1) and 3(5) of the BNS and Section 27 of the Arms Act.

                                3. As per FIR, petitioner along with other co-accused

                   persons alleged to commit murder of the husband of the

                   informant, where occurrence alleged to be arising out of land

                   dispute.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that informant is the eye-witness of the

                   occurrence, who is the wife of the deceased and also who authored

                   the FIR. It is submitted that from the FIR it can be gathered safely

                   that allegation of firing is not available against this petitioner

                   rather available against five named co-accused persons. It is also

                   submitted that there is no allegation qua any overt act against this
               Patna High Court CR. MISC. No.10831 of 2026(2) dt.24-02-2026
                                                           2/2




                         petitioner and as this petitioner was passing on motorcycle near to

                         the place of occurrence co-incidentally, he was implicated falsely

                         with the present case. While concluding argument it is submitted

                         that petitioner found involved in three more cases, where he is on

                         bail.

                                       5. Learned APP opposes the prayer of bail.

                                      6. In view of aforesaid factual and legal submission and

                         by taking note of fact as allegation qua firing is not available

                         against this petitioner, rather same is available against named co-

                         accused persons, accordingly petitioner above-named, in the event

                         of his arrest or surrender before the court below within a period of

                         four weeks, is directed to be released on bail, furnishing bail bond

                         of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the

                         like amount each to the satisfaction of the learned ACJM,

                         Nalanda/concerned Court, where the case is pending in connection

                         with Hilsa P.S. Case No. 191 of 2025, subject to the conditions as

                         laid down under Section 438(2) of the Cr.P.C/ Section 482(2) of

                         BNSS.


                                               (Chandra Shekhar Jha, J)
S.Tripathi/-
U          T

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