Patna High Court
Kabil MukhiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 109(1), 115(2), 118(2), 126(2), 308(3), 3(5), 351(2), 351(3), 352
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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