Created by Fuzzy Cloud

Patna High Court

Mukesh KumarversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court held that the presence of a direct allegation of firing, corroborated by post‑mortem findings and witness testimony, precludes the grant of bail.

Summary

Mukesh Kumar was arrested on 7 May 2025 in connection with a case alleging that he fired at a victim, resulting in death, under Sections 103(1), 3(5) of the B.N.S. and Section 27 of the Arms Act. He applied for bail, claiming he was falsely implicated and that the FIR was fabricated. The State opposed the bail, citing the FIR’s specific allegation of firing, corroborative witness statements recorded in the case diary, and a post‑mortem report supporting the prosecution. The court examined the direct allegation, the medical evidence, and the number of supporting witnesses. Concluding that the evidence prima facie established the charge, the court refused the bail application.

Issues considered

  • Whether bail should be granted when the FIR contains a direct allegation of firing and is supported by medical and witness evidence.
  • Whether the claim that the FIR is false and fabricated negates the necessity for bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Arms Act
  • murder
  • evidence
  • post‑mortem

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.81173 of 2025
                    Arising Out of PS. Case No.-70 Year-2025 Thana- SAMASTIPUR District- Samastipur
                 ======================================================
                 Mukesh Kumar S/o Ram Narayan Ray @ Raj Kumar Ray R/o Village-
                 Kharidabad, PS- Muffasil, District- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :      Mr. Krishna Prasad, Sr. Advocate
                                                   Ms. Sneha Shruti, Advocate
                 For the Opposite Party/s :        Mr. Dr. Ajeet Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   27-01-2026                      Heard Mr. Krishna Prasad, learned Senior counsel

                   for the petitioner and Mr. Dr. Ajeet Kumar, learned APP for the

                   State.

                                    2. Petitioner seeks bail, who is in custody since

                   07.05.2025, in connection with Samastipur Nagar P.S. Case No.

                   70 of 2025, F.I.R. dated 07.03.2025 registered for the offences

                   punishable under Sections 103(1), 3(5) of the B.N.S. and

                   Section 27 of the Arms Act.

                                        3. Allegation against the petitioner is that he has

                   fired upon the victim due to which he died.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that the allegation as alleged in
               Patna High Court CR. MISC. No.81173 of 2025(3) dt.27-01-2026
                                                           2/3




                         the F.I.R. is false and fabricated and the petitioner has not

                         committed any offence as alleged in the F.I.R.

                                      5. Learned APP for the State, on the other hand, on

                         the basis of material available on record and case diary,

                         vehemently opposed the prayer for bail of the petitioner and

                         submits that from perusal of the F.I.R. it appears that there is

                         direct and specific allegation of firing attributed against the

                         petitioner and apart from aforesaid, the witnesses have also

                         supported the case of the prosecution which was recorded in

                         paragraph-13 of the case diary as well as apart from aforesaid

                         the postmortem report also support the case of the prosecution.

                                        6. Considering the aforesaid facts that there is direct

                         and specific allegation of firing supported by the medical

                         evidence as well as a number of witness have also supported the

                         case of the prosecution,            I am not inclined to enlarge the

                         petitioner on bail in connection with Samastipur Nagar P.S.

                         Case No. 70 of 2025 pending in the Court of learned Chief

                         Judicial Magistrate, Samastipur.

                                          7. Prayer is refused.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T
Patna High Court CR. MISC. No.81173 of 2025(3) dt.27-01-2026
                                            3/3


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.