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Patna High Court

Mukesh Yadav @ Fatak yadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The petition for regular bail was denied.

Summary

The petitioner, Mukesh Yadav, was charged under Sections 103(1) and 3(5) of the Bihar Non‑... Act and Section 27 of the Arms Act for allegedly firing at Ramesh Singh, resulting in his death. The petitioner sought regular bail, claiming innocence and alleging political victimisation, while the State contended that the petitioner confessed to firing and that witnesses corroborated the prosecution's case. The court examined the seriousness of the offences, the evidence presented, and the petitioner's alleged lack of intent. Considering the gravity of the charges and the supporting testimony, the court found no sufficient ground to grant bail. Consequently, the bail petition was rejected.

Issues considered

  • Whether the petitioner is entitled to regular bail for offences under Sections 103(1), 3(5) of the Bihar Non‑... Act and Section 27 of the Arms Act.
  • Whether the evidence, including alleged confession and witness statements, justifies denial of bail.

Legislation cited

Subjects

  • regular bail
  • bail petition
  • Arms Act
  • murder
  • political victimisation
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69507 of 2025
                   Arising Out of PS. Case No.-524 Year-2024 Thana- SULTANGANJ District- Bhagalpur
                 ======================================================
                 Mukesh Yadav @ Fatak yadav Son of Late Devan yadav R/o Village -
                 Tilakpur, P.S. - Sultanganj, Dist. - Bhagalpur, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mrs.Pravina Kumari
                 For the Opposite Party/s :      Mrs.Sangeeta Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

3   05-02-2026                          Heard learned counsel for the petitioner as well

                   as learned APP for the State.

                                   2. In this case, the petitioner is seeking regular bail

                   in connection with Sultanganj P.S. Case No. 524 of 2024,

                   registered for the offences punishable under Sections 103(1),

                   3(5) of the BNS and Section 27 of Arms Act.

                                   3. As per the FIR, on 03.11.2024 at about 6:00

                   p.m., the accused persons including the petitioner, armed with

                   firearms, surrounded Ramesh Singh at Nasopur Baasa. At the

                   instigation of Sunil Singh, Anil Singh, Chandan Singh @

                   Janvati, and others fired at Ramesh Singh, causing fatal chest

                   injuries. Thereafter, the petitioner also fired on him. When the

                   informant raised alarm, the accused persons fired at him, but he
           Patna High Court CR. MISC. No.69507 of 2025(3) dt.05-02-2026
                                                       2/2




                     was escaped. Ramesh Singh was taken to the hospital, where he

                     was declared dead.

                                    4. The learned counsel for the petitioner has

                     submitted that the petitioner is innocent and has falsely been

                     implicated due to dirty local politics. The petitioner is under

                     custody since 21.01.2025. She has submitted further that from

                     perusal of FIR, it is evident that the petitioner has no intention

                     to commit the said offence.

                                   5. On the other hand, the learned APP for the State

                     has opposed the prayer for bail and submitted that the petitioner

                     has fired at the deceased and he has confessed his guilt. The

                     witnesses, in paragraph nos. 7 to 11, 23, 24, 46 and 47 of the

                     case diary, have fully supported the prosecution case.

                                    6. Considering the above-mentioned facts and

                     circumstances, the petitioner doesn’t deserve the privileges for

                     bail. Accordingly, it is rejected.


                                          (Nawneet Kumar Pandey, J)

kundan/-

U      T


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