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Patna High Court

Mahesh PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to regular bail.

Summary

Mahesh Prasad applied for regular bail in a murder case (Wazirganj P.S. Case No. 704 of 2025) where he was alleged to be one of eight accused under Sections 103(1), 61(2)(a) of the Bihar Non‑Compulsory Statutes and Section 27 of the Arms Act. The prosecution’s case is that the informant’s husband was killed by gunfire, and the petitioner’s name appears only in a confessional statement of a co‑accused, which the petitioner argues has no evidentiary value. He also highlighted that he is not named in the FIR, has a clean criminal record, and that similarly situated co‑accused have already been granted bail by the same court. The State and the informant opposed the bail. The court, noting the parity with co‑accused and the lack of substantive evidence against the petitioner, ordered bail on a bond of Rs.10,000 with two sureties, allowing the application.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being implicated only through a confessional statement of a co‑accused.
  • Whether the absence of the petitioner’s name in the FIR and his clean antecedent justify bail.
  • Whether parity with co‑accused who have been granted bail warrants granting bail to the petitioner.

Legislation cited

Subjects

  • regular bail
  • murder
  • arms act
  • confessional statement
  • parity
  • clean antecedent
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21287 of 2026
                       Arising Out of PS. Case No.-704 Year-2025 Thana- WAJIRGANJ District- Gaya
                 ======================================================
                 Mahesh Prasad S/O Karam Mahto R/O Village- Tarwar , P.s- Wazirganj ,
                 District- Gaya jee
                                                                      ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Brij Mohan Das, Advocate
                 For the State           :        Mr. Anil Kumar, APP
                 For the Informant       :        Mr. Nand Kishore Pd. Sinha, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   07-05-2026                   Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned A.P.P for the State.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Wazirganj P.S. Case No.

                   704 of 2025 registered for the offences punishable under

                   Sections 103(1), 61(2) (a) of the BNS and Section 27 of the

                   Arms Act.

                                 3. As per the prosecution case, the husband of the

                   informant was done to death by gunfire allegedly fired by eight

                   named accused persons.

                                 4. Learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in

                   this case. It has further been submitted that the petitioner is not

                   named in the FIR, and his name has transpired in the

                   confessional statement of co-accused, made before the police

                   while in police custody, which has got no evidentiary value.
              Patna High Court CR. MISC. No.21287 of 2026(3) dt.07-05-2026
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                        Moreover, similarly situated co-accused persons, namely

                        Mithlesh Choudhary @ Dapta and Guddu Mistry @ Guddu

                        Chaudhary have already been granted bail by a co-ordinate

                        Bench of this Court vide order dated 06.04.2026 passed in Cr.

                        Misc. No. 8951 of 2026 and Cr. Misc. No. 12641 of 2026

                        respectively. Lastly, it has been submitted that the petitioner has

                        got clean criminal antecedent and is in custody since

                        15.11.2025.

                                     5. Learned APP for the State and learned counsel of

                        the informant have vehemently opposed the prayer for bail of

                        the petitioner.

                                     6. Heard the parties and perused the record.

                                     7. Considering the facts and circumstances of the case

                        and the parity of the co-accused, let the petitioner above-named,

                        be enlarged on bail on furnishing bail-bonds of Rs. 10,000/-

                        (Rupees Ten Thousand) with two sureties of the like amount

                        each to the satisfaction of learned Court concerned, Gaya, in

                        connection with Wazirganj P.S. Case No. 704 of 2025.

                                     8. The application stands allowed.



                                                   (Praveen Kumar, J)
Jyoti/-

U         T


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