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Patna High Court

Mukesh Tiwari @ Mukesh Kumar Tiwari @ Jacky TiwariversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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