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Patna High Court

Mukesh Sharma @ Mukesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner.

Summary

Mukesh Sharma was arrested in connection with the murder of an informant's husband, alleged to have been committed with a firearm. The prosecution alleged that Sharma, along with others, was present with the deceased before the killing, but no eyewitness directly saw him commit the crime. Sharma's counsel argued that he is innocent, has no prior record, and that the informant is not an eye‑witness, citing that co‑accused have already been granted bail. The State opposed bail, but the court considered the lack of direct evidence, the general nature of the accusation, and Sharma's clean antecedents. Consequently, the court granted bail on a bond of Rs. 10,000 with two sureties, ordering his release.

Issues considered

  • Whether bail should be granted to the accused in a murder case under Sections 103(1) and 3(5) of the B.N.S. and Sections 25(1‑Ba), 26 and 27 of the Arms Act despite the seriousness of the alleged offence.
  • Whether the absence of direct eyewitness testimony and the petitioner’s clean antecedents justify bail.

Legislation cited

Subjects

  • bail
  • murder
  • arms act
  • criminal procedure
  • presumption of innocence
  • court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13618 of 2026
                   Arising Out of PS. Case No.-142 Year-2025 Thana- BIHARIGANJ District- Madhepura
                 ======================================================
                 Mukesh Sharma @ Mukesh Kumar S/O Upendra Sharma R/O Vill.- Ramganj
                 Ward No 09, P.S - Gwapra, District - Madhepura,Bihar

                                                                                 ... ... Petitioner/s
                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :       Mr. Amarnath Jha, Advocate
                 For the State           :       Mr. Abhay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   03-04-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 103(1) and 3(5) of the B.N.S.

                   and Sections 25(1-B)a, 26 and 27 of the Arms Act.

                                3. As per prosecution case, on 05.04.2025 at about 7

                   PM, friends of husband of informant, namely Baljeet Kumar,

                   Shiko Paswan and this petitioner, along with three unknown

                   persons, came to the house of informant and all of them had tea

                   with husband of informant. Thereafter, husband of informant

                   went along with them saying he would return soon and the

                   informant also called her husband once at about 8 to 9 PM on

                   06.04.2025. It is alleged that on 07.04.2025 at about 7 AM,
Patna High Court CR. MISC. No.13618 of 2026(2) dt.03-04-2026
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          informant came to know from the villagers that murder of her

          husband has been committing by gunshot in a maize field and

          when the informant reached at the place of occurrence, she

          found dead body of her husband lying with a bullet injury on his

          head. Informant believes that all the F.I.R. named accused

          persons, including this petitioner, along with three unknown

          persons, committed murder of her husband.

                       4. It is submitted by learned counsel for the petitioner

          that petitioner is quite innocent and has committed no offence.

          From bare perusal of the F.I.R. it is apparent that informant is

          not an eye witness to the occurrence and only on suspicion,

          because of the fact that this petitioner, along with other accused

          persons, was last seen with the deceased, petitioner has been

          made an accused in this case. None of the eye witnesses who

          were examined during trial have claimed to have seen this

          petitioner committing the alleged offence. Similarly situated co-

          accused persons, namely Shiko Paswan and Baljit Kumar, have

          already been granted bail by this Hon’ble Court vide order dated

          24.11.2025 passed in Cr. Misc. No. 61752 of 2025 and order

          dated 16.02.2026 passed in Cr. Misc. No. 8074 of 2026.

          Moreover, charge-sheet has already been submitted and

          petitioner, having no criminal antecedents, is in custody since
             Patna High Court CR. MISC. No.13618 of 2026(2) dt.03-04-2026
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                       15.10.2025.

                                    5. Learned A.P.P. for the State has vehemently

                       opposed the prayer for grant of bail to the petitioner.

                                    6. Considering the facts and circumstances of the

                       case, general and omnibus nature of accusation, claim based on

                       parity, period of custody and clean antecedents of the petitioner,

                       the prayer for grant of bail to the petitioner is allowed.

                                    7. Accordingly, let the above named petitioner be

                       released on bail on furnishing bail-bond of Rs. 10,000/- (ten

                       thousand) with two sureties of the like amount each to the

                       satisfaction of learned S.D.J.M., Udakishunganj, District-

                       Madhepura in connection with Bihariganj P.S. Case No. 142 of

                       2025.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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