Patna High Court
Mukesh Paswan @ Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was not granted and the application was dismissed.
Summary
Mukesh Paswan was charged with murder, criminal conspiracy and illegal possession of arms under Sections 302, 120(B) of the IPC and Section 27 of the Arms Act. He applied for bail for the second time after an earlier bail denial. The court noted that the petitioner was the assailant, had prior criminal antecedents and had been in custody since July 2023. It also observed that the accused were causing trial delays by keeping a discharge petition pending. Considering the seriousness of the offences and the delay tactics, the court refused bail and dismissed the application, directing the lower court to decide the pending discharge petition within 15 days.
Issues considered
- Whether bail should be granted to the accused in a murder and conspiracy case involving the Arms Act, given his criminal antecedents and trial delays
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120B, 302
Subjects
- bail
- murder
- criminal conspiracy
- arms act
- trial delay
- discharge petition
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11928 of 2025
Arising Out of PS. Case No.-156 Year-2019 Thana- GAURICHAK District- Patna
======================================================
Mukesh Paswan @ Mukesh Kumar S/O Late Ravindra Paswan R/O Mohalla
Samaspur, P.S.- Nadi, Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Rajdeep, Advocate
For the Opposite Party/s : Mr. Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
8 09-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with Gaurichak P.S.
Case No.156 of 2019, registered for the offence under Sections
302, 120(B) of the I.P.C. and section 27 of the Arms Act.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 21.03.2024 passed in Cr. Misc.
No.4627 of 2024, which reads as under:-
“Heard learned counsel for the petitioner
and learned APP for the State.
2. The petitioner seeks bail in connection
with Gaurichak P.S. Case No. 156 of 2019
registered for the offence under Section 302/120B
of the Indian Penal Code and under Section 27 of
Patna High Court CR. MISC. No.11928 of 2025(8) dt.09-02-2026
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the Arms Act.
3. From the materials available on record, it
has come that the petitioner is the assailant of the
deceased. He has fired at the deceased while he
tried to stop the deceased for looting him.
4. The petitioner has criminal antecedents
also and he is in jail since 13.7.2023.
5. Considering the aforesaid facts, this
Court is not inclined to grant bail to the petitioner.
6. Accordingly, this application is
dismissed.
7. During supervision, it has come that the
wife of the deceased might be involved in the
killing of the deceased but there is no material in
support of this theory.
8. The Superintendent of Police, Patna East
is directed to supervise the investigation properly
so that the real story can come out and the culprits
can be punished.
9. Let a copy of this order be communicated
to the Superintendent of Police, Patna East through
FAX for its compliance.
10. Mr. Jharkhandi Upadhyay, learned APP
for the State will also communicate this order to the
Superintendent of Police, Patna East on WhatsApp
and take necessary instructions.”
4. From the report of the Court below it appears that
the accused persons are delaying the trial by keeping the
Patna High Court CR. MISC. No.11928 of 2025(8) dt.09-02-2026
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discharge petition pending.
5. Considering the gravity of the offence and the fact
that the delaying steps taken by the petitioner and other accused
persons, I am not inclined to review my earlier order.
6. Accordingly, the application stands dismissed.
7. The Court below is directed to proceed and decide
the discharge application within 15 days from the date of
communication of this order.
8. Let a copy of this order be communicated to the
Additional District & Sessions Judge, Patna City forthwith
through FAX or E-mail for its compliance.
(Sandeep Kumar, J)
mdrashid/-
U T
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