Patna High Court

Mukesh Sah @ Mukesh SahuversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

The court granted anticipatory bail to the petitioners subject to a bail bond and conditions under Section 438(2) CrPC and Section 482(2) BNSS.

Summary

Mukesh Sah and Lalji Sah were named in an FIR for the alleged murder of a man's husband, charged under IPC sections 302 read with 34 and Arms Act section 27. The informant alleged the petitioners shot the victim, but the petitioners contended there was only suspicion and highlighted their clean antecedents versus the deceased's criminal background. They sought anticipatory bail, citing a similar order granted to co‑accused Bimlesh Sah. The State opposed the bail. The court observed that the FIR showed only prima facie suspicion and, considering the principle of judicial parity, directed that the petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.

Issues considered

Whether anticipatory bail should be granted to the petitioners despite the FIR alleging murder and possession of arms.
Whether the principle of judicial parity with a similarly situated co‑accused warrants granting bail.
Whether the nature of the allegations and the petitioners' clean antecedents justify bail.

Legislation cited

Arms Act — s. 27
BNSS — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)
Indian Penal Code — s. 302, 34

Subjects

anticipatory bail
murder
IPC 302
Arms Act
suspicion
bail bond
Section 438 CrPC
Section 482 BNSS
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17622 of 2024
                       Arising Out of PS. Case No.-371 Year-2023 Thana- DUMRA District- Sitamarhi
                 ======================================================
           1.     Mukesh Sah @ Mukesh Sahu, S/o Ram Bachchan Sah
           2.    Lalji Sah, S/o Ram Bachchan Sah
                 Both are R/o village - Kethariya, P.S. - Dumra, Distt. - Sitamarhi

                                                                                    ... ... Petitioners
                                                        Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Devendra Kumar, Advocate
                 For the Opposite Party/s :        Mr. Kalyan Shankar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

8   28-01-2026                  Heard learned counsel for the petitioners and

                   learned Additional Public Prosecutor for the State.

                                2. Both accused/petitioners are named in the FIR

                   and apprehending their arrest in connection with Dumra P.S.

                   Case No.371 of 2023 registered under Sections 302 read

                   with 34 of the Indian Penal Code and Section 27 of the Arms

                   Act.

                                3. The informant raised suspicion against petitioners

                   and other named co-accused persons to commit murder of

                   her husband by causing gunshot injury.

                                4. It is submitted by learned counsel appearing for

                   petitioners that save and except suspicion, nothing survives
Patna High Court CR. MISC. No.17622 of 2024(8) dt.28-01-2026
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          against the petitioners. It is pointed out that considering the

          nature of allegation, one of the learned co-ordinate Bench of

          this Court granted anticipatory bail to similarly suspected co-

          accused persons namely, Bimlesh Sah through Cr. Misc.

          No.11274 of 2024 dated 12.03.2024 and, therefore, as a

          matter of judicial parity, this petitioner also deserves bail.

          Learned counsel has further pointed out that the deceased

          himself was a man of criminal antecedent and was involved in

          four criminal cases, having rivalry with different persons of

          the locality, wheres both petitioners are men of clean

          antecedent.

                       5. Learned APP opposed the prayer of bail.

                       6. In view of aforesaid factual submissions and by

          taking note of nature of accusation, which is very general and

          omnibus qua both of petitioners, coupled with the fact that

          the FIR prima facie shows suspicion qua involvement of

          petitioners, accordingly, both petitioners, above-named, in

          the event of their arrest or surrender in the court below within

          a period of four weeks, are directed to be released on bail on

          furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
         Patna High Court CR. MISC. No.17622 of 2024(8) dt.28-01-2026
                                                     3/3




                   each with two sureties of the like amount each to the

                   satisfaction of the learned Cheif Judicial Magistrate, Sitamarhi

                   in connection with Dumra P.S. Case No.371 of 2023, subject

                   to the conditions as laid down under Section 438(2) of the

                   CrPC/under Section 482(2) of the BNSS.


                                                             (Chandra Shekhar Jha, J.)
    Sanjeet/-

U    T

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