Patna High Court
Mukesh PatelversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court refused bail, holding that the seriousness of the offences precludes the grant of regular bail.
Summary
Mukesh Patel was arrested in connection with a murder case (Case No. 64/2025) and charged under Sections 103(1), 80, 238, 61(2) and 3(5) of the B.N.S. The petitioner, his wife, applied for regular bail, claiming he was falsely implicated, has a clean antecedent, and has been in custody since 07-06-2025. The prosecution opposed the bail, emphasizing the seriousness of the offences. The court examined the arguments and, noting the gravity of the alleged crimes, was not persuaded to relax the custodial requirement. Consequently, the bail application was rejected and the petition dismissed.
Issues considered
- Whether the petitioner is entitled to regular bail in view of the gravity of the offences under Sections 103(1), 80, 238, 61(2) and 3(5) of the B.N.S.
Legislation cited
- B.N.S. — s. 103(1), 238, 3(5), 61(2), 80
Subjects
- bail
- criminal law
- gravity of offence
- pre‑trial detention
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69726 of 2025
Arising Out of PS. Case No.-64 Year-2025 Thana- PAKRIDAYAL District- East Champaran
======================================================
Mukesh Patel Son of Prasad Raut R/O Vill- Bhediyahi, P.S.- Pakaridayal,
District- East Champaran at Motihari
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar, Advocate
For the Opposite Party/s : Mr.Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 19-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Pakaridayal P.S. Case No. 64/2025 registered for the offences
punishable under Sections 103(1), 80, 238, 61(2) and 3(5) of
B.N.S.
3. As per the prosecution case, petitioner who is the
husband of the deceased is alleged of killing the deceased along
with other accused persons.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. Learned
counsel further submits that in the trial all the witnesses except
the I.O. has been examined. Petitioner has clean antecedent and
he is in custody since 07.06.2025. The petitioner undertakes to
Patna High Court CR. MISC. No.69726 of 2025(7) dt.19-03-2026
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co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the gravity of the offence, this Court is
not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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