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Patna High Court

Kabil MukhiyaversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The bail application was denied.

Summary

Kabil Mukhiya was charged under multiple sections of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act for allegedly firing on the son of an informant, resulting in death. He applied for regular bail, asserting innocence, a clean antecedent, and noting that he had been in custody since 20‑06‑2025. The State opposed the bail, emphasizing the seriousness of the offences. The Patna High Court, after hearing both sides, rejected the bail application on the ground of the nature and gravity of the accusations. However, the Court directed the trial court to expedite the trial and conclude it within one year of the order.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious nature of the offences charged under the Bharatiya Nyaya Sanhita and the Arms Act
  • Whether the allegations against the petitioner are sufficiently specific to justify denial of bail
  • Whether the length of pre‑trial custody impacts the grant of bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • serious offences
  • Arms Act
  • trial expediting

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19487 of 2026
                   Arising Out of PS. Case No.-200 Year-2025 Thana- ALAMNAGAR District- Madhepura
                 ======================================================
                 Kabil Mukhiya Son of Aghanu Mukhiya R/o Village - Singhar, P.S. -
                 Alamnagar, District - Madhepura.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Nafisu Zzoha, Advocate
                 For the Opposite Party/s :      Mr. Pramod Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   01-05-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in connection with

                   Alamnagar P. S. Case No. 200 of 2025 registered for the

                   offences punishable under Sections 126(2), 115(2), 118(2),

                   109(1), 308(3), 352, 351(2), 351(3), 3(5), 103(1) of the

                   Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.

                                3. As per F.I.R., this petitioner is one of the assailants

                   who fired upon the son of informant, resulting in his death.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Allegation

                   against petitioner is general and omnibus. Petitioner claims

                   clean antecedent and is in custody since 20.06.2025.

                                5. Learned A.P.P. for the State vehemently opposed
              Patna High Court CR. MISC. No.19487 of 2026(2) dt.01-05-2026
                                                          2/2




                        the bail application.

                                     6. Considering the nature of accusation and gravity of

                        the offence, prayer for bail of the petitioner is rejected.

                                     7. However, since petitioner is in custody since

                        20.06.2025, Trial Court is directed to expedite and conclude the

                        trial, preferably, within a period of one year from the date of

                        receipt/production of copy of this order.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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