Patna High Court
Mahavir KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The court held that bail could not be granted at this stage and dismissed the petitioner's bail application.
Summary
Mahavir Kumar was arrested in connection with a murder case (PS case no. 748 of 2024) alleged under sections 103(1) and 238(B) of the Bhartiya Nyay Sanhita, 2023. The prosecution alleges that the petitioner and his brothers killed a man who was having an affair with their sister. The petitioner contends that he has been falsely implicated, has no criminal antecedent, and has been in custody since 24‑01‑2025. The State, relying on statements of the informant’s sister and other investigation material, argues that there is substantial material linking the petitioner to the crime. After considering the FIR, the investigation record and the earlier denial of bail to a co‑accused, the court rejected the bail application, permitting the petitioner to renew the prayer after three months or upon framing of charge.
Issues considered
- Whether the petitioner is entitled to regular bail under sections 103(1) and 238(B) of the Bhartiya Nyay Sanhita, 2023 in the present circumstances
- Whether the material on record sufficiently links the petitioner to the alleged murder to justify denial of bail
Legislation cited
- Bhartiya Nyay Sanhita, 2023 — s. 103(1), 238(B)
Subjects
- bail
- criminal procedure
- murder
- false implication
- Bhartiya Nyay Sanhita
- investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89139 of 2025
Arising Out of PS. Case No.-748 Year-2024 Thana- GAURICHAK District- Patna
======================================================
Mahavir Kumar Son of Bineshi Paswan Resident of Village - Beldarichak,
P.S.- Gaurichak, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Kumar, Advocate
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
5 24-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Gaurichak P.S.Case no.
748 of 2024 registered under sections 103(1) and 238(B) of the
Bhartiya Nyay Sanhita, 2023.
3. As per the prosecution case, the informant states
that he received information about his son having been done to
death by unknown accused persons.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case in course of
investigation on the allegation that the petitioner and his
Patna High Court CR. MISC. No.89139 of 2025(5) dt.24-02-2026
2/3
brothers committed the murder as a result of the deceased
having an affair with their sister. The allegations are false and
concocted. The manner of occurrence is other than what has
been narrated in the FIR. The petitioner is in custody since
24.1.2025 and has no criminal antecedent.
5. The application for bail is opposed by learned APP
for the State and learned counsel for the informant. Learned
counsel for the informant submits that there is substantial
material against the petitioner to connect him with the alleged
crime. The sister of the informant with whom the deceased was
having an affair has stated that seeing her with the deceased, one
of the brother had called the other two brothers which includes
the petitioner herein. The application for bail of Dipu Kumar has
been rejected vide order dated 8.10.2025 passed in Cr.Misc.no.
47471 of 2025.
6. Heard learned A.P.P. for the State.
7. Having heard learned counsel for the parties and
taking it to consideration the allegations in the FIR, the material
that has transpired in course of investigation, the rejection of
the application for bail of co-accused Dipu Kumar, vide
aforesaid order dated 8.10.2025, the Court is not inclined to
enlarge the petitioner on bail and the application is rejected.
Patna High Court CR. MISC. No.89139 of 2025(5) dt.24-02-2026
3/3
8.Taking into consideration that there is no eyewitness
to the occurrence, liberty is granted to the petitioner to renew his
prayer from bail after three months or on framing of charge,
whichever is later.
(Partha Sarthy, J)
Bibhash/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.