Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The court held that bail could not be granted and rejected the regular bail application.
Summary
Mukesh Kumar was arrested in connection with a case registered on 4 March 2025 under Sections 137(2), 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He applied for regular bail, having been in custody since 22 March 2025 and possessing two prior criminal antecedents. The lower court had earlier rejected his bail application on 2 June 2025. The State opposed bail, citing a report that the trial was underway and likely to conclude within nine months. The Patna High Court, after hearing both sides, considered the seriousness of the allegations and the pending trial schedule, and decided not to grant bail. Consequently, the petitioner's request for regular bail was rejected.
Issues considered
- Whether the petitioner is entitled to regular bail under Sections 137(2), 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 given the nature of the offence and the stage of trial.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 3(5), 96
Subjects
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- pre‑trial detention
- serious offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86111 of 2025
Arising Out of PS. Case No.-51 Year-2025 Thana- AMNAUR District- Saran
======================================================
Mukesh Kumar S/O Jelar Ray R/O Village- Gheghta, P.S- Mufassil, District-
Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Chetna, Advocate
For the Opposite Party/s : Mr. Vinod Shanker Modi, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
4 25-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
Amnaur P.S. Case No. 51 of 2025 lodged on 04.03.2025, for the
offence punishable under Sections 137(2), 96 & 3(5) of the
Bharatiya Nyaya Sanhita, 2023, pending in the Court of Judicial
Magistrate 1st Class, Saran.
3. Learned counsel for the petitioner submits that the
regular bail application of the petitioner was earlier rejected
vide order dated 02.06.2025 passed in Cr. Misc. No. 34278 of
2025. Counsel submits that the petitioner is in custody since
22.03.2025, having two criminal antecedents. Counsel submits
that on previous occasion, report with regard to the present stage
of trial was called for. Counsel further submits that no purpose
Patna High Court CR. MISC. No.86111 of 2025(4) dt.25-02-2026
2/2
would be solved keeping the petitioner in custody.
4. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that on earlier occasion, report
with regard to the present stage of the trial was called for and
from the said report, it transpires that the case has been
committed on 28.01.2026 and pending in the concerned trial
court for charge on 04.02.2026. It has also been stated in the
report that the trial is likely to be concluded within nine months.
5. In the present facts and circumstances of the case
and upon seeing the serious allegation, this Court is not inclined
to grant bail to the petitioner. Accordingly, the prayer for regular
bail of the petitioner is hereby rejected.
(Dr. Anshuman, J)
Divyansh/-
U T
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