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Patna High Court

Mukesh SahversusThe State of Bihar

Decided
Disposal
BAIL REJECTED
Bench
ANSUL

Holding

The Court denied bail to the petitioner.

Summary

Mukesh Sah applied for bail in a criminal case (PS Case No. 447 of 2024) alleging that he poisoned his son and daughter, resulting in the daughter's death. The charges were framed under Sections 103 and 123 of the Bihar Penal Code. The High Court noted that the trial had already progressed with two witnesses examined, indicating that the investigation was substantially underway. Considering the seriousness of the alleged offence and the stage of the trial, the Court was not inclined to grant bail. Consequently, the petition for bail was rejected and the trial court was directed to expedite the trial and conclude it within three months. The Court clarified that its observations were prima facie and limited to the bail application, without prejudice to the merits of the case.

Issues considered

  • Whether bail should be granted to the accused in a case involving alleged poisoning of his children under Sections 103 and 123 of the Bihar Penal Code.

Legislation cited

Subjects

  • bail
  • poisoning
  • child homicide
  • criminal procedure
  • expedited trial
  • section 103
  • section 123

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 39296 of 2026
                        Arising Out of PS. Case No.-447 Year-2024 Thana- RIGA District- Sitamarhi
                 ======================================================
                 Mukesh Sah S/o Late Shivji Sah Resident of Village - Usrahiya, P.S. Riga,
                 Dist. - Sitamarhi.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dwij Raj, Adv.
                 For the Opposite Party/s :        Mr. Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   17-06-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. The petitioner seeks bail in Riga P.S. Case No. 447

                   of 2024 registered under Sections 103 and 123 of the BNS.

                               3. The allegation is that the petitioner poisoned his son

                   and daughter aged about 8 and 6 years respectively. The

                   daughter subsequently died.

                               4. Considering that the trial has proceeded and two

                   witnesses have been examined, this court is not inclined to grant

                   bail to the petitioner.

                               5. Accordingly, the prayer for bail of the

                   petitioner is rejected.

                               6. The trial court is directed to expedite the

                   trial and conclude positively within a period of three
               Patna High Court CR. MISC. No. 39296 of 2026(2) dt.17-06-2026
                                           2/2




           months.

                     7. It is made clear that any observation made

           herein is prima facie in nature and limited solely for

           the purpose of           adjudication of             the     present   bail

           application. Such observations shall not be construed

           as an expression on the merits of the case and shall not

           influence the trial or any other proceedings in any

           manner.



                                          (Ansul, J)
Vikash/-

U      T


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