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Patna High Court

Mukesh @ M. P. Yadav @ Mukesh YadavversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that regular bail could not be granted and dismissed the application.

Summary

The petitioner Mukesh Yadav applied for regular bail in a murder case (Sabour P.S. Case No.337 of 2024) under Sections 103(1) and 3(5) of the Bhartiya Nyaya Sanhita. The FIR alleges that the petitioners called the deceased and killed him, with a witness stating they supplied the murder weapon. Both petitioners have prior criminal antecedents and are already in custody. The High Court noted that the charge has been framed, the trial is ongoing, and the offence is grave, finding no new ground to revisit its earlier order denying bail. Consequently, the bail application was dismissed and the police were directed to ensure witness attendance.

Issues considered

  • Whether regular bail can be granted to the accused given the gravity of the murder offence under Sections 103(1) and 3(5) of the Bhartiya Nyaya Sanhita
  • Whether the existence of prior criminal antecedents and ongoing trial preclude the grant of bail

Legislation cited

Subjects

  • regular bail
  • murder
  • criminal antecedents
  • Bhartiya Nyaya Sanhita
  • trial proceedings
  • witness attendance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90209 of 2025
                      Arising Out of PS. Case No.-337 Year-2024 Thana- SABAUR District- Bhagalpur
                 ======================================================
                 Mukesh @ M. P. Yadav @ Mukesh Yadav S/o Bachchi Yadav Resident of
                 Village - Babupur, P.S - Sabour, District - Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajive Ranjan Singh
                 For the Opposite Party/s :       Mr.Shahabuddin Azeem @ S. Azeem
                                                  Mr. Jharkhandi Upadhyay
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   12-02-2026                    Heard the parties.

                                 2. This is the second attempt of the petitioner for

                   grant of regular bail in connection with Sabour P.S. Case No.

                   337 of 2024 / S.Tr. No. 313 of 2025 registered for the offence

                   under Sections 103(1)/3(5) of the BNS. Earlier the bail

                   application of the petitioner was rejected vide order dated

                   12.05.2025 passed in Cr. Misc. No. 18888 of 2025 which reads

                   as under:-

                                                “As both these bail applications arise
                                   from the same police station case, hence, with
                                   consent of parties, they are being heard together
                                   and disposed of by this common order.
                                                2. Heard learned counsel for the
                                   petitioners, learned APP for the State and learned
                                   counsel for the informant.
Patna High Court CR. MISC. No.90209 of 2025(2) dt.12-02-2026
                                            2/3




                                       3. This application is for grant of regular
                          bail in connection with Sabour P.S. Case No.337 of
                          2024, registered for the offences under Sections
                          103(1), 3(5) of the Bhartiya Nyaya Sanhita.
                                       4. As per the F.I.R., petitioners are
                          accused of calling the deceased and thereafter,
                          killing him. During investigation one witness,
                          namely, Sohan Mandal has said that the murder
                          weapon was brought by the petitioners, who are
                          well known criminals of the area and kept the same
                          in his shop.
                                       5. Petitioner, namely, Mukesh has five
                          criminal antecedents in custody and he is in jail
                          since 25.09.2024 and petitioner namely, Sudhir
                          Mandal has one criminal antecedent and he is in
                          jail since 06.10.2024.
                                       6. Considering the gravity of the offence,
                          I am not inclined to grant the privilege of regular
                          bail to the petitioners.
                                       7. These applications are dismissed,
                          accordingly.”
                       3. It has very fairly been submitted by the learned

          counsel for the petitioner that the charge has already been

          framed in this case.

                       4. In view of the fact that the trial is progressing and

          the considering the gravity of the offence, this Court finds no

          new ground to review its earlier order.

                       5. Accordingly, this application is dismissed.
          Patna High Court CR. MISC. No.90209 of 2025(2) dt.12-02-2026
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                                 6. The Senior Superintendent of Police, Bhagalpur is

                    directed to ensure the attendance of the witnesses in the trial.

                                 7. Let a copy of this order be communicated to the

                    Senior Superintendent of Police, Bhagalpur through FAX for its

                    compliance.



                                                              (Sandeep Kumar, J)
Vikas/-

U


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