Patna High Court
ANIL MUSHAR @ ANIL MUSAHARversusTHE STATE OF BIHAR
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
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
- Indian Penal Code — s. 302
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.