Patna High Court
Mahendra SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The Court held that bail could not be granted to the petitioner at the present stage of the proceedings.
Summary
Mahendra Singh, a 78‑year‑old accused, sought regular bail in a case involving charges of murder, attempt to murder, causing hurt, and conspiracy under IPC sections 302, 342, 323, 120(B) and 34. His bail application had been rejected twice earlier. The State opposed bail, highlighting his prior conviction for murder and fresh allegations concerning the informant’s mother, an eye‑witness. The petitioner’s counsel argued that his advanced age warranted bail. The Court examined the seriousness of the offences, the existence of a prior conviction, and the stage of the trial, and concluded that bail could not be granted at this stage. Consequently, the bail application was dismissed.
Issues considered
- Whether a 78‑year‑old accused charged with murder, attempt to murder and related offences is entitled to regular bail despite prior conviction and ongoing trial
Legislation cited
- Indian Penal Code — s. 120(B), 302, 323, 34, 342
Subjects
- regular bail
- IPC
- murder
- conspiracy
- elderly accused
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16400 of 2026
Arising Out of PS. Case No.-182 Year-2023 Thana- PASRAHA District- Khagaria
======================================================
Mahendra Singh S/O Late Kokai Singh Resident of Vill.- Mahdipur, P.S.-
Pasraha, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Praveen Kumar Agrawal, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 10-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Sessions Trial No. 70 of 2024, arising out of Pasraha P.S. Case
No. 182 of 2023, lodged on 08.07.2023 under Sections 302,
342, 323, 120(B) and 34 of the Indian Penal Code, pending
before the Court of Addl. Sessions Judge-VII, Khagaria.
3. Learned counsel for the petitioner submits that the
bail application of the petitioner was earlier rejected twice vide
order dated 10.07.2024 passed in Cr. Misc. No. 28214 of 2024
& vide order dated 01.08.2025 passed in Cr. Misc. No. 32245 of
2025. Counsel further submits that on the previous occasion, a
report regarding the present stage of the trial was called for.
Counsel also submits that, considering the age of the petitioner,
bail may be granted to him.
Patna High Court CR. MISC. No.16400 of 2026(3) dt.10-04-2026
2/2
4. Learned APP for the State, on the other hand,
opposes the prayer for bail and submits that, though the
petitioner has been in custody since 10.07.2023 and is aged
about 78 years, he has one criminal antecedent under Section
302 of the IPC and was convicted, and thereafter again
allegations of murder have been levelled in respect of the
informant’s mother, who was the eye-witness.
5. In the present facts and circumstances of this case
and the submissions made above, this Court is not inclined to
grant bail to the petitioner at this stage. Accordingly, the bail
application of the petitioner is hereby rejected.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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