Patna High Court
Mukesh Kushwaha @ Mukesh Bhagat @ Mukesh Kumar KushwahaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted given the gravity of the offences and the pendency of the trial.
Summary
The petitioner, Mukesh Kushwaha, was arrested in connection with a murder case (PS Case No. 35 of 2024) in Gopalganj, Bihar, where he is alleged to have shot the deceased on the head. The charges framed include murder under Section 302 IPC, criminal conspiracy under Section 120(B) IPC, common intention under Section 34 IPC, and an offence under Section 27 of the Arms Act. The petitioner applied for regular bail after being in custody since 12 February 2024, arguing that the trial had only just commenced. The court examined the seriousness of the offences, the fact that the petitioner is an alleged principal assailant, and the stage of the proceedings. Considering these factors, the court declined to grant bail and dismissed the application, while noting that the order is limited to the bail application and does not prejudice the trial’s merits.
Issues considered
- Whether regular bail can be granted to an accused of murder, criminal conspiracy, and an offence under the Arms Act at the stage of trial.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 120(B), 302, 34
Subjects
- bail
- murder
- criminal conspiracy
- Arms Act
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21361 of 2026
Arising Out of PS. Case No.-35 Year-2024 Thana- GOPALGANJ TOWN District- Gopalganj
======================================================
Mukesh Kushwaha @ Mukesh Bhagat @ Mukesh Kumar Kushwaha Son of
Late Ganesh Bhagat Kushwaha Resident of Village- Banjari Ward No. 11,
P.O. and P.S.- Gopalganj, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ramchandra Singh
For the Opposite Party/s : Mr.Nagendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. This is the second attempt of the petitioner for
grant of regular bail in connection with Gopalganj Town P.S.
Case No. 35 of 2024 registered for the offence under Sections
302, 120(B)/34 of the Indian Penal Code and under Section 27
of the Arms Act.
3. As per the prosecution case, the petitioner is one
of the assailants of the deceased. He is said to have shot on the
head of the deceased.
4. The petitioner is in custody since 12.02.2024.
5. Learned counsel for the petitioner, very fairly,
submits that the charges has been framed in this case and trial
Patna High Court CR. MISC. No.21361 of 2026(2) dt.30-04-2026
2/2
has started.
6. Considering the aforesaid facts, this Court is not
inclined to grant bail to the petitioner.
7. Accordingly, this application is dismissed.
8. 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
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
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