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Patna High Court

ANIL MUSHAR @ ANIL MUSAHARversusTHE STATE OF BIHAR

Decided
Disposal
REJECTED

Holding

Bail was refused, as the court was not inclined to enlarge the petitioner on bail.

Summary

The petitioner, Anil Mushar, was arrested on 14 November 2023 in connection with a murder case (Section 302 IPC) arising from FIR dated 13 November 2023. The prosecution alleges that the petitioner assaulted and murdered his sister-in-law, supported by a post‑mortem report. The petitioner contended that he has a clean record, was falsely implicated, and has been in judicial custody for over two years. The trial court had examined five of seven prosecution witnesses, with one remaining for defence cross‑examination. The High Court, after considering the seriousness of the charge, the medical evidence, and the stage of trial, declined to grant bail and directed the trial court to expedite the proceedings.

Issues considered

  • Whether bail should be granted to the accused in a murder case under Section 302 IPC given the nature of the allegations and the stage of trial.

Legislation cited

Subjects

  • bail
  • murder
  • Section 302 IPC
  • criminal procedure
  • high court
  • trial stage
  • medical evidence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86126 of 2025
                      Arising Out of PS. Case No.-272 Year-2023 Thana- SANDESH District- Bhojpur
                 ======================================================
                 Anil Mushar @ Anil Musahar S/O Ramishwar Mushar R/O Village- Bhatauli,
                 Mushar Toli, P.S.- Sandesh, District- Bhojpur



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



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arun Kumar, Advocate
                 For the Opposite Party/s :       Mr. Prem Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

4   30-03-2026                      Heard Mr. Arun Kumar, learned counsel for the

                   petitioner and Mr. Prem Kumar Jha, learned A.P.P. for the State.

                                2. The petitioner seeks bail, who is in custody since

                   14.11.2023 in connection with Sandesh P.S. Case No. 272 of

                   2023, FIR dated 13.11.2023 registered for the offence under

                   Section 302 of Indian Penal Code.

                                3. According to the prosecution case, informant

                   alleged that the petitioner used to assault his sister (wife of

                   petitioner) on several occasions. On 12.11.2023 at night, he was

                   informed that the petitioner has assaulted his sister and

                   murdered her. On this,when the informant reached matrimonial

                   house of his sister, he found injury at the back of head of his
Patna High Court CR. MISC. No.86126 of 2025(4) dt.30-03-2026
                                            2/3




          sister and blood was oozing from it.

                       4. Learned counsel appearing for the petitioner

          submits that the petitioner has clean antecedent and he has

          falsely been implicated in this case. He further submits that the

          allegation as alleged in the F.I.R. is false and fabricated and the

          petitioner has not committed any offences as alleged in the F.I.R

          and the petitioner is rotting in judicial custody since 14.11.2023.

                       5. Vide order dated 19.01.2026 a report was called

          with regard to stage of the trial. Report of the learned Trial

          Court dated 24.01.2026 reveals that out of seven charge sheet

          witnesses, five witnesses have been examined completely and

          sixth witness has been examined by prosecution and pending for

          defence examination.

                      6. Learned A.P.P. for the State, on the other hand, has

          vehemently opposed the prayer for bail of the petitioner and

          submits that there is direct and specific allegation against the

          petitioner supported by medical evidence (post-mortem report).

                      7. Considering the facts and circumstances and nature

          of allegation as well as report of trial Court, I am not inclined to

          enlarge the petitioner on bail in connection with Additional

          Sessions Judge-VII, Bhojpur, Ara pending in the Court of

          Sandesh P.S. Case No. 272 of 2023.
            Patna High Court CR. MISC. No.86126 of 2025(4) dt.30-03-2026
                                                        3/3




                                   8. Prayer is refused.

                                   9. However the learned Trial Court is directed to

                      expedite the trial and conclude the same at the earliest.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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