Patna High Court
Mukesh @ M. P. Yadav @ Mukesh YadavversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bhartiya Nyaya Sanhita — s. 103(1), 3(5)
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
3/3
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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