Patna High Court

Mukesh Singh @ Mukesh Kumar Singh @ Mukesh KumarversusThe State of Bihar

Decided: 27 April 2026
Disposal: DISPOSED
Bench: PRAVEEN KUMAR

Holding

The court disposed the application, granting liberty to the petitioners to raise their grounds at the defence stage under Section 91 CrPC.

Summary

The petitioners, a group of residents from Kanchanpur village, filed an application invoking Section 91 of the Criminal Procedure Code to raise certain grounds before the lower court at the stage of defence arguments. The learned counsel for the petitioners sought liberty to present these grounds, which had been previously raised in the petition. The court considered whether such a procedural step was permissible under Section 91. After hearing arguments, the judge granted the requested liberty. Consequently, the application was disposed, allowing the petitioners to raise their grounds at the defence stage in the lower court.

Issues considered

Whether the petitioners may raise their grounds before the lower court at the time of defence arguments under Section 91 of the Criminal Procedure Code

Legislation cited

Code of Criminal Procedure, 1973 — s. 91

Subjects

Section 91
Criminal Procedure Code
application disposal
defence arguments

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.21037 of 2026
                   Arising Out of PS. Case No.-324 Year-2020 Thana- SASARAM MUFFSIL District- Rohtas
                  ======================================================
             1.    Mukesh Singh @ Mukesh Kumar Singh @ Mukesh Kumar Son of Late Hira
                   Singh Residents of Village- Kanchanpur, P.S.- Sasaram (Muffsil), District-
                   Rohtas, Bihar-821305
             2.   Narayan Singh Son of Ramkeshar Singh Residents of Village- Kanchanpur,
                  P.S.- Sasaram (Muffsil), District- Rohtas, Bihar-821305
             3.   Lakshman Singh Son of Ramkeshar Singh Residents of Village-
                  Kanchanpur, P.S.- Sasaram (Muffsil), District- Rohtas, Bihar-821305
             4.   Jay Shankar Singh Son of Ramkeshar Singh Residents of Village-
                  Kanchanpur, P.S.- Sasaram (Muffsil), District- Rohtas, Bihar-821305
                                                                             ... ... Petitioner/s
                                                   Versus
             1.   The State of Bihar
             2.    Sanju Devi Wife of Saroj Singh Residence of Village- Kanchanpur, P.S.-
                   Sasaram (Muffsil), District- Rohtas, Bihar- 821305.
                                                                       ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr.Deepak Kumar, Advocate
                                                  Mr. Kumar Abhishek, Advocate
                  For the Opposite Party/s :      Mr.Md. Fahimuddin, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                        ORAL ORDER
2    27-04-2026                    After some arguments, learned counsel for the petitioner

                    submits that he would be raising his grounds before the court below

                    at the time of defence arguments what he has raised through the

                    petition under Section 91 of Cr.P.C.

                                  2. This application is disposed of with the aforesaid

                    liberty.



                                               (Praveen Kumar, J)
vashudha/-

U      T

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