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
- Bihar Penal Code — s. 103, 123
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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