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Patna High Court

Anand Prakash @ Mukhiya JeeversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court denied regular bail to the petitioner.

Summary

Anand Prakash, accused of murder, criminal conspiracy and illegal possession of arms, applied for regular bail. The prosecution alleged that he and another person fired at the informant’s brother, who later died from his injuries. The petitioner claimed innocence, lack of witnesses, and that the FIR was lodged after the post‑mortem, while also noting he had been in judicial custody since March 2025. The State highlighted direct allegations, the post‑mortem findings, the earlier denial of bail to a co‑accused, and the petitioner’s prior absconding before surrendering. The court, after considering these factors, rejected the bail application, permitting a fresh application after nine months if the trial remains pending, and directed the trial court to expedite the proceedings.

Issues considered

  • Whether regular bail should be granted to the accused in a murder and conspiracy case involving the Arms Act
  • Whether the absence of witnesses and the timing of the FIR justify bail
  • Impact of the accused’s prior absconding and surrender on bail eligibility

Legislation cited

Subjects

  • bail
  • murder
  • criminal conspiracy
  • Arms Act
  • regular bail
  • absconding
  • trial expeditious

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12596 of 2026
                      Arising Out of PS. Case No.-139 Year-2023 Thana- AGAMKUAN District- Patna
                 ======================================================
                 Anand Prakash @ Mukhiya Jee S/o Birendra Singh R/o Village - Utrama, P.S
                 - Kurtha, District - Arwal

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Rasika, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar Pandey, APP
                 For the Informant        :      Mr. Ram Pravesh Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

4   20-04-2026                      Heard learned counsel for the petitioner, learned

                   APP for the State and learned counsel for the informant.

                                2. The petitioner has prayed for regular bail in

                   connection with Agamkuan P.S. Case No. 139 of 2023 instituted

                   for the offence under Sections 302, 120B of the Indian Penal

                   Code and Section 27 of the Arms Act.

                                3. The case of the prosecution is that while the

                   informant was returning with his brother, it is alleged that one

                   Raushan fired at the cheek of the brother of the informant. It is

                   further alleged that this petitioner and one Ram Pravesh have

                   fired at the chest of the informant’ brother. The brother of the

                   informant succumbed to the injuries.

                                4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.12596 of 2026(4) dt.20-04-2026
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          petitioner is innocent and committed no offence. He has further

          submitted that the occurrence is of dark night and no one is

          witness to this occurrence. The FIR was lodged after

          postmortem. Moreover, the petitioner is languishing in judicial

          custody since 18.03.2025.

                       5. Learned APP appearing for the State and learned

          counsel for the informant have vehemently opposed the prayer

          of regular bail and learned counsel for the informant has

          submitted that there is direct allegation against this petitioner

          and one Ram Pravesh Mahto of firing at chest of the deceased.

          From perusal of the postmortem report, it also transpires that the

          deceased has received injuries on those parts of the body. It has

          further been submitted that the bail application of co-accused

          Ram Pravesh Mahto has already been rejected by learned co-

          ordinate Bench of this Court vide Cr. Misc. No. 82895 of 2024.

          It has further been submitted that the petitioner was absconding

          and has recently surrendered.

                       6. Having heard the learned counsel for the parties

          and considering the facts and cirumstances of this case as stated

          above, this court is not inclined to enlarge the petitioner on bail

          at this stage and, as such, his prayer for bail stands rejected.

                       7. However, the petitioner will be at liberty to renew
            Patna High Court CR. MISC. No.12596 of 2026(4) dt.20-04-2026
                                                        3/3




                      his prayer for bail after nine months if the trial is not concluded.

                                   8. Learned trial court is directed to expedite the trial

                      and conclude the same within the stipulated period of time.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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