Patna High Court
Jugesh Patel @ Jugesh Chaudhary @MahanguversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was not granted as the court found the nature of the allegations and the stage of trial warranted continued detention.
Summary
Jugesh Patel was arrested in September 2023 for allegedly looting a deceased person’s property, during which the deceased was killed. He is charged under Sections 302 and 34 of the Indian Penal Code for murder, Sections 394 and 411 of the IPC for robbery, and several provisions of the Arms Act (Sections 27, 25(1‑b)(a), 26 and 35). The petitioner filed a second bail application after an earlier denial, arguing that he has been in custody since 8 September 2023. The court noted that four witnesses have already been examined, the trial is underway, and the petitioner has a similar antecedent, with CDR evidence linking him to the crime. Considering the seriousness of the offences, the evidence on record, and the progress of the trial, the court refused to revisit its earlier order and dismissed the bail application.
Issues considered
- Whether bail should be granted to the accused in a murder and arms‑related case where the trial is in progress and substantial evidence exists.
Legislation cited
- Arms Act — s. 25(1-b)(a), 26, 27, 35
- Indian Penal Code — s. 302, 34, 394, 411
Subjects
- bail
- murder
- arms act
- criminal procedure
- pre‑trial detention
- evidence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56012 of 2025
Arising Out of PS. Case No.-384 Year-2023 Thana- ARA MUFFSIL District- Bhojpur
======================================================
Jugesh Patel @ Jugesh Chaudhary @Mahangu S/o Ramadhar Chaudhary
Resident of Village- Kusmha, P.S. Udwantnagar, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh
For the State : Mr. Zainul Abedin
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 10-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the
petitioner for grant of bail in connection with S.T. No. 129 of
2024 arising out of Ara Muffasil P.S. Case No. 384 of 2023
registered for the offence under Section 302/34 of the IPC and
27 of the Arms Act and later on Sections 394/411 of the IPC and
25(1-b)a, 26, 35 of the Arms Act.
3. Earlier, the bail application of the petitioner has
been rejected by this Court vide order dated 12.02.2025 passed
in Cr. Misc. No. 68450 of 2024, which reads as under:
“Heard learned counsel for the petitioner
and learned A.P.P. for the State.
2. The petitioner seeks bail in connection
with Ara Muffasil P.S. Case No. 384/2023 registered
Patna High Court CR. MISC. No.56012 of 2025(3) dt.10-02-2026
2/2
for the offence punishable under Sections 302/34 of the
Indian Penal Code and Section 27 of the Arms Act.
Subsequently, 394/411 of Indian Penal Code and
Section 25(1-b)a, 26/35 of the Arms Act has been
added.
3. The petitioner is in jail since 08.09.2023.
4. It has come during investigation that the
petitioner and one Mahangu tried to loot the deceased
and in that occurrence, the deceased was killed.
Materials have come to connect the petitioner with the
crime including the CDR evidence. The petitioner has
similar antecedent also.
5. Considering the nature of allegation
levelled against the petitioner, I am not inclined to
grant bail to the petitioner.
6. Accordingly, the application stands
dismissed.”
4. Four witnesses has already been examined and
the trial is started.
5. Considering the facts and circumstances of this
case, I am not inclined to review my earlier order.
6. Accordingly, this application is dismissed.
(Sandeep Kumar, J)
priyanka/-
U T
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