Patna High Court
Shravan Malik @ Sharvan MallikversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied.
Summary
The petitioners, Shravan Malik and Mohit Kumar, were arrested in connection with a murder alleged to have occurred on 19 November 2025, wherein the deceased was caught, assaulted, and his neck cut. They have been in custody since that date. The petitioners filed a bail application under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita. The court examined the nature of the offence, noting the brutal manner of the killing. Considering the seriousness of the alleged crime, the court was not inclined to grant bail. Consequently, the bail application was dismissed, with the court clarifying that its observations are limited to this bail matter and do not prejudice the trial. The court did not express any opinion on the merits of the case.
Issues considered
- Whether bail should be granted to the accused under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita in view of the alleged murder.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5)
Subjects
- bail
- murder
- criminal procedure
- Bharatiya Nyaya Sanhita
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25935 of 2026
Arising Out of PS. Case No.-644 Year-2025 Thana- BARH District- Patna
======================================================
1. Shravan Malik @ Sharvan Mallik S/o Bhagwan Malik R/o Village -
Akbarpur, PS- Barh, District - Patna
2. Mohit Kumar S/o Shravan Malik R/o Village - Akbarpur, PS- Barh, District -
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Suraj Kumar, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 20-04-2026 Heard learned counsel for the petitioners; learned APP
for the State and learned counsel for the informant.
2. The petitioners seek bail in connection with Barh
P.S. Case No. 644 of 2025 registered for the offence punishable
under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita.
3. The petitioners and others are said to have caught
hold of the deceased, assaulting him and Rohit Kumar cut his
neck.
4. The petitioners are in custody since 19.11.2025.
5. Considering the manner of occurrence and the
brutal murder of an innocent person by the petitioners and
others, I am not inclined to grant bail to the petitioners.
Patna High Court CR. MISC. No.25935 of 2026(2) dt.20-04-2026
2/2
6. Accordingly, the application stands dismissed.
7. 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 petitioners at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P .Kumar
U T
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