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Patna High Court

Shravan Malik @ Sharvan MallikversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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