Patna High Court

Mogal Mukhiya @ Sachin KumarversusThe State of Bihar

Decided: 27 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Bail was denied because the nature of the accusation and the petitioner’s criminal antecedents warranted custody.

Summary

The petitioner, Mogal Mukhiya (also known as Sachin Kumar), applied for bail in a criminal case registered under Sections 103, 61(2), 3(5) of the B.N.S. and Section 27 of the Arms Act. During investigation, the petitioner admitted participation in the murder of an informant's husband using a pistol and a knife, although his name was not originally mentioned in the FIR. The petitioner also has six prior criminal convictions. The High Court examined the seriousness of the alleged offence and the petitioner’s criminal antecedents. Considering these factors, the Court rejected the bail application but ordered the trial court to expedite the pending trial. The decision reflects the Court’s view that the nature of the crime and the petitioner’s history outweigh the presumption in favour of bail.

Issues considered

Whether bail should be granted to an accused charged with murder and offences under the Arms Act given the seriousness of the allegations and prior criminal record.

Legislation cited

Arms Act — s. 27
B.N.S. — s. 103, 3(5), 61(2)

Subjects

bail
murder
Arms Act
criminal antecedent
trial expediting
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75156 of 2025
                  Arising Out of PS. Case No.-207 Year-2025 Thana- SIKARPUR District- West Champaran
                 ======================================================
                 Mogal Mukhiya @ Sachin Kumar Son of Sri Nakchhed Mukhiya Resident of
                 village - Basantpur, P.S.- Sathi, District - West Champaran


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mrs.Vaishnavi Singh
                 For the Opposite Party/s :       Mr.Uday Chand Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   27-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for

                   offence under Sections 103, 61(2), 3(5) of B.N.S. and Section

                   27 of the Arms Act.

                                3. Petitioner is not named in the F.I.R. Name of the

                   petitioner surfaced, during investigation, wherein he has

                   accepted his guilt that he along with other co-accused persons

                   committed murder of informant’s husband by means of pistol

                   and knife. Petitioner has got six criminal antecedent.

                                4. Considering the nature of accusation and criminal

                   antecedent,        the prayer for bail of petitioner is rejected.

                   However, since petitioner is in custody since 20.02.2025, the
           Patna High Court CR. MISC. No.75156 of 2025(3) dt.27-01-2026
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                     learned trial court is directed to expedite the trial.



                                                   (Prabhat Kumar Singh, J)
anay

U      T

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