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Patna High Court

Mukesh KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The petition for regular bail is dismissed as no fresh ground for bail is established.

Summary

Mukesh Kumar was arrested in connection with a case involving offences under Sections 302, 394, 201, 354A, 120(B)/34 of the Indian Penal Code and Section 8 of the POCSO Act. He contended that he had been falsely implicated and had been in judicial custody since July 11, 2023. The petitioner previously sought regular bail, which was denied by the High Court on January 10, 2025. In the present application, he argued that there were no fresh grounds to merit a fresh bail order. The Court, after considering the submissions, found no new material to justify bail and consequently rejected the petition for regular bail, directing the trial court to expedite the trial.

Issues considered

  • Whether the petitioner is entitled to regular bail in view of the serious offences alleged
  • Whether any fresh ground exists to merit a fresh bail order after the earlier denial

Legislation cited

Subjects

  • regular bail
  • false implication
  • IPC
  • POCSO Act
  • judicial custody
  • trial expeditious

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77771 of 2025
                 Arising Out of PS. Case No.-136 Year-2023 Thana- CHAPRA KACHARI RAIL P.S. District-
                                                          Saran
                 ======================================================
                 Mukesh Kumar S/O Ganesh Prasad R/O Village- Mouna Ahir Toli, P.S.-
                 Chapra Town, Dist- Saran

                                                                                 ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Sunil Kumar Yadav S/o- Hiralal Yadav, R/O Village- Dhupnagar, P.S.-
                 Khaira, Dist.-Saran at Chapra

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr. Aniket Singh, Advocate
                 For the State           :       Mr. Ram Sumiran Rai, Advocate
                 For the Informant       :       Mr. Shweta Anand, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER

5   11-03-2026                          Heard learned counsel for the petitioner and

                   learned APP for the State.

                                 2. The petitioner is in custody in connection with

                   Chapra Kachari Rail P.S Case No. 136 of 2026 from the Court

                   of learned Railway Judicial Magistrate, Saran at Chapra

                   registered for the offences punishable under Sections 302, 394,

                   201, 354A, 120(B)/34 of the Indian Penal Code & Section 8 of

                   the POCSO Act.

                                 3. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in this case. It is also

                   submitted that petitioner is in judicial custody since 11.07.2023.
           Patna High Court CR. MISC. No.77771 of 2025(5) dt.11-03-2026
                                                       2/2




                     It is next submitted that earlier prayer for regular bail of the

                     petitioner was rejected by this Court vide order dated

                     10.01.2025 passed in Cr. Misc. No. 53511 of 2024.

                                  4. Since, earlier prayer for regular bail of the

                     petitioner was rejected by this Court vide order dated

                     10.01.2025 passed in Cr. Misc. No. 53511 of 2024. This time

                     also there is no fresh ground to consider his prayer for regular

                     bail of the petitioner.

                                  5. Considering the facts and circumstances of the case

                     and submissions of learned counsel for the parties, I am not

                     inclined to grant regular bail to the petitioner.

                                  6. Accordingly, prayer for regular bail of the petitioner

                     is hereby rejected once again.

                                  7. However, learned trial Court is directed to expedite

                     the trial.



                                          (Ramesh Chand Malviya, J)
Mayank/-

U


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