Patna High Court
Mukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that bail could not be granted in view of the nature and gravity of the offences.
Summary
Mukesh Kumar was arrested in connection with an FIR alleging that he and co‑accused opened fire on the brother of an informant, causing his death. The charges include offences under Sections 147, 148, 149 and 302 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner applied for regular bail, arguing that he had been in custody since 17‑02‑2025. The Court examined the seriousness of the alleged offences, the material evidence and the gravity of the crime, and concluded that the circumstances did not warrant bail. Consequently, the bail petition was rejected, and the trial court was directed to complete the trial within one year of receiving the order.
Issues considered
- Whether the petitioner is entitled to regular bail for offences under Sections 147, 148, 149, 302 IPC and Section 27 Arms Act
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 147, 148, 149, 302
Subjects
- bail
- IPC 147
- IPC 148
- IPC 149
- IPC 302
- Arms Act 27
- murder
- rioting
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91985 of 2025
Arising Out of PS. Case No.-930 Year-2023 Thana- BIHTA District- Patna
======================================================
Mukesh Kumar S/O Awadhesh Kumar Singh R/O Village-Simari, P.S.-Bihta,
District-Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brisketu Sharan Pandey, Advocate
For the Opposite Party/s : Mr. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 13-02-2026 Heard learned counsel for the petitioner and
learned A.P.Ps. for the State .
2. The petitioner seeks bail in a case registered for
offence under Sections 147,, 148 , 149 and 302 of IPC and 27
of Arms Act.
3 . As per F.I.R. petitioner along with other co-
accused persons fired upon brother of informant, as a result of
which he died. Petitioner appears to be one of the assailants of
the deceased.
4. Considering the nature of accusation, material
available on record, gravity of offence and other circumstances
of the case, the prayer of petitioner for regular bail is rejected.
However, since petitioner is in custody since 17.02.2025 ,
learned Trial Court is directed to expedite and conclude the trial
Patna High Court CR. MISC. No.91985 of 2025(2) dt.13-02-2026
2/2
preferably within the period of one year from the date of
receipt/production of copy of this order.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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