Patna High Court
Mukesh Tiwari @ Mukesh Kumar Tiwari @ Jacky TiwariversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied because the petitioner was found to have actively participated in the murder.
Summary
Mukesh Tiwari applied for bail in a case registered under Sections 103(1), 3(5) and 61(2) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act, alleging his involvement in a murder. The prosecution alleged that the deceased was killed by unknown assailants and that the petitioner, acting as a 'liner', had informed the assailants that the victim was sitting in a shop, thereby facilitating the crime. The petitioner’s name appeared in the self‑inculpatory statements of two co‑accused, Rahul Kumar Paswan and Kalu Paswan. The court examined the allegation of active participation and found it sufficient to deny bail. Consequently, the bail application was dismissed.
Issues considered
- Whether bail should be granted to the petitioner despite allegations of active participation in the murder.
- Whether the self‑inculpatory statements of co‑accused constitute sufficient ground to refuse bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5), 61(2)
Subjects
- bail
- murder
- participation
- Arms Act
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2490 of 2026
Arising Out of PS. Case No.-228 Year-2025 Thana- KATIHAR MUFFASIL District- Katihar
======================================================
Mukesh Tiwari @ Mukesh Kumar Tiwari @ Jacky Tiwari S/o Prahlad Tiwari
@ Prahlad Riwari R/o Mohalla- Rajak Tola, Barmasiya, P.S.- Nagar Sahayak,
District- Katihar, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Awadhish Kumar, Advocate
Ms.Shivani Mishra, Advocate
Ms. Pragati Singh, Advocate
Mr. Shashank Shikhar, Advocate
Ms. Vidhu Shree, Advocate
For the State : Mr.Rajendra Prasad Nat, APP
For the Informant : Mr. Bimal Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 25-03-2026 Heard learned counsel for the petitioner; learned APP
for the State and learned counsel for the informant.
2. The petitioner seeks bail in connection with
Mufassil P.S. Case No. 228 of 2025 registered for the offence
punishable under Sections 103(1), 3(5) and 61(2) of the
Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
3. As per the prosecution case, unknown criminals had
killed the deceased.
4. During investigation, the name of the petitioner has
surfaced in the self inculpatory statement of one Rahul Kumar
Paswan and Kalu Paswan. The petitioner was acting as a liner.
Patna High Court CR. MISC. No.2490 of 2026(3) dt.25-03-2026
2/2
He had given an information to the assailants that the deceased
was sitting in the shop and thereafter the crime was committed.
5. Considering the active participation of the
petitioner in the murder of the deceased, I am not inclined to
grant bail to the petitioner.
6. Accordingly, the application stands dismissed.
(Sandeep Kumar, J)
P. Kumar
U T
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