Patna High Court

Mahesh RaiversusThe State of Bihar

Decided: 6 April 2026
Disposal: DISMISSED
Bench: SANDEEP KUMAR

Holding

The court denied bail, holding that the seriousness of the alleged murder precludes the grant of regular bail.

Summary

Mahesh Rai was charged under Section 103(1) read with Section 3(5) of the B.N.S. Act for allegedly killing a person by throwing him on the ground. The petitioner, who had been in custody since 18‑08‑2025 and claimed a clean antecedent, applied for regular bail. Counsel for the petitioner argued innocence and the absence of any prior criminal record. The State, represented by an Additional Public Prosecutor, opposed the bail on the ground of the seriousness of the alleged homicide. Justice Sandeep Kumar, after hearing both sides, held that the gravity of the offence warranted denial of bail and dismissed the bail application.

Issues considered

Whether regular bail should be granted to the accused in a murder case under Section 103(1) read with 3(5) of the B.N.S. Act considering the gravity of the offence.

Legislation cited

B.N.S. Act — s. 103(1), 3(5)

Subjects

regular bail
bail application
murder
Section 103(1) B.N.S. Act
gravity of offence
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7693 of 2026
                         Arising Out of PS. Case No.-8 Year-2025 Thana- BARHAT District- Jamui
                 ======================================================
                 Mahesh Rai Son of Mahendra Rai Village -Gurmaha PS- Barhat District
                 -jamui

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Niranjan Parihar, Advocate
                 For the Opposite Party/s :       Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

4   06-04-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Barhat P.S. Case No. 08 of 2025, registered for the offence

                   under Section 103(1) read with 3(5) of the B.N.S. Act.

                                3. The petitioner is accused of killing the deceased by

                   throwing him on the ground.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 18.08.2025 and has clean

                   antecedent.

                                5. Learned A.P.P. for the State has vehemently

                   opposed the prayer for bail.

                                6. Considering the gravity of offence as alleged
            Patna High Court CR. MISC. No.7693 of 2026(4) dt.06-04-2026
                                                        2/2




                      against the petitioner, this application for regular bail is

                      dismissed.


                                                         (Sandeep Kumar, J)

Ranjeet/-

U      T

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