Patna High Court
Mukesh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that the petitioner’s prolonged pre‑trial detention without trial warranted the grant of bail.
Summary
Mukesh Singh was arrested in connection with the murder of the informant's father under an FIR dated 2020. He has been in custody since 17 March 2021, amounting to over four and a half years without the trial concluding. The petitioner sought bail for the fourth time after earlier applications were rejected, citing the prolonged detention and that co‑accused had been granted bail. The State opposed bail, arguing the seriousness of the offence. The Court considered the lengthy custody, delay in trial, and the principle of the right to a speedy trial. It held that continued detention would be unjustified and ordered bail on condition of a bond of Rs.10,000 with two sureties. The bail order was directed to be executed by the District & Additional Sessions Judge, Begusarai.
Issues considered
- Whether the petitioner is entitled to bail despite the gravity of the alleged murder charge
- Whether the prolonged pre‑trial detention violates the right to a speedy trial warranting bail
- Whether the bail conditions imposed are sufficient
Subjects
- bail
- pre‑trial detention
- trial delay
- right to speedy trial
- criminal procedure
- murder
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82796 of 2025
Arising Out of PS. Case No.-88 Year-2020 Thana- GADHPURA District- Begusarai
======================================================
Mukesh Singh S/O Mani Kant Singh Resident of Village- Malipur, P.S.-
Gadhpura, District - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajnish Kumar
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. This is 4th attempt for grant of bail on behalf of
petitioner. Lastly, the prayer for bail of petitioner was rejected,
vide order dated 15.12.2023 passed in Cr.Misc. No. 68236 of
2023.
3. As per F.I.R., this petitioner along with other co-
accused persons are alleged to have killed father of the
informant.
4. Learned counsel for the petitioner submits that
petitioner is in custody since 17.03.2021 and thus, remained in
custody for more than four & half years and till date, trial has
not been concluded. Similarly situated co-accused persons have
been granted bail by this Court, vide Annexure P/6 series.
5. Learned A.P.P. for the State opposes the bail
Patna High Court CR. MISC. No.82796 of 2025(2) dt.27-01-2026
2/2
petition.
6. Considering the period of custody and tardy
progress of trial, let the above named petitioner be released on
bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of
learned District & Additional Sessions Judge – XI, Begusarai in
connection with S.T. No. 625 of 2021, arising out of Gadhpura
P.S. Case No. 88 of 2020.
(Prabhat Kumar Singh, J)
anay
U T
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