Patna High Court
Mrityunjay BhardwajversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The bail application is dismissed; the petitioner is not entitled to bail.
Summary
The petitioner, Mrityunjay Bhardwaj, applied for bail in a case registered under Sections 103(1) and 238 of the BNS for the alleged killing of the deceased. The trial court had earlier rejected his bail application, noting that the murder weapon had been recovered and the petitioner had been in custody since September 2024. The petitioner argued that the charge was only framed on 17 February 2026 and sought fresh grounds for bail. The High Court observed the seriousness of the offence, the commencement of trial, and the absence of any new material to justify bail. Consequently, the Court upheld its earlier order and dismissed the bail application, clarifying that its observations were limited to this bail application and not on the merits of the case.
Issues considered
- Whether bail should be granted in a murder case under Sections 103(1) and 238 of the BNS given the gravity of the offence and the fact that trial has commenced.
Legislation cited
- BNS — s. 103(1), 238
Subjects
- bail
- murder
- Sections 103(1) BNS
- Section 238 BNS
- high court
- trial commencement
- gravity of offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20556 of 2026
Arising Out of PS. Case No.-484 Year-2024 Thana- SAKRA District- Muzaffarpur
======================================================
Mrityunjay Bhardwaj Son of Dr. Ramsagar Mehta @ Ram Sagar Mehta
Resident of Village- Mura Mohanpur, P.S.- Sakra, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhay Kumar Mishra, Advocate
For the State : Mr.Ramchandra Sahni, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with /Sakra P.S. Case
No. 484 of 2024 registered for the offence under Sections
103(1)/238 of the BNS.
3. Earlier the bail application of the petitioner has
been rejected vide order dated 09.04.2025 passed in Cr. Misc.
No. 2505 of 2025, which reads as under:
“Heard learned Senior Counsel for
the petitioner and learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail in
connection with Sakra P.S. Case No. 484 of
2024 registered for the offence punishable under
Sections 103(1)/238 of the BNS.
3. The petitioner is accused of killing
the deceased.
Patna High Court CR. MISC. No.20556 of 2026(2) dt.30-04-2026
2/2
4. During the investigation, the
murder weapon i.e. Dab (a sharp-edged heavy
weapon) has been recovered on the statement of
the petitioner. The petitioner is in jail since
23.09.2024.
5. In view of the above, this
application is dismissed.”
4. Learned counsel for the petitioner very fairly
submits that the charge has been framed on 17.02.2026.
5. Considering the gravity of the offence, the fact that
the trial has started and no fresh ground for grant of bail is made
out, I am not inclined to review my earlier order.
6. Accordingly, the application stands dismissed.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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