Patna High Court
Khushed Mistri@Hussain Mistri@Khurshid Mistri@Md. Hussain Mistri@Mohammad Khurshid@HussainversusTHE STATE OF BIHAR
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court refused bail to the petitioner, finding sufficient evidence of his involvement in the offence.
Summary
The petitioner, Khushed Mistri, filed an application for bail in a murder case (Lalmaniya P.S. Case No.43 of 2024) where he is accused under Sections 302/34 of the Indian Penal Code, with cognizance also taken under Sections 341, 323, 302, 504/34 IPC. The prosecution alleges that the petitioner, along with other accused, assaulted the victim, leading to her death, and five witnesses have testified that the accused inflicted lathi blows on the deceased. The petitioner contends he is innocent and falsely implicated, having been in custody since 30‑06‑2024. The Additional Public Prosecutor opposed bail, emphasizing the seriousness of the charges and the pending medical evidence. The Court, after considering the witness statements, declined to grant bail, directing the trial court to expedite the trial. Consequently, the bail application was refused.
Issues considered
- Whether bail should be granted to the petitioner in a murder case where witness testimony indicates his participation in the assault.
Legislation cited
- Indian Penal Code — s. 302, 323, 34, 341, 504
Subjects
- bail
- murder
- Indian Penal Code
- criminal procedure
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9436 of 2025
Arising Out of PS. Case No.-43 Year-2024 Thana- Lalamnia District- Madhubani
======================================================
Khushed Mistri @ Hussain Mistri @ Khurshid Mistri @ Md. Hussain Mistri
@ Mohammad Khurshid @ Hussain Son of Ahmad Miyan Resident of
Village - Dubarbona, P.S. - Lalmaniya , District - Madhubani
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate
Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Dr. Ajeet Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
9 09-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This is an application for grant of bail in connection
with Lalmaniya P.S. Case No.43 of 2024, registered for the
offence under Sections 302/34 of the I.P.C. and cognizance has
been taken under Sections 341, 323, 302, 504/34 of the I.P.C.
3. According to prosecution case, the petitioner and
other accused persons are said to have assaulted the victim,
which caused her death.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence, he has
falsely been implicated in this case. Petitioner is in custody
since 30.06.2024.
Patna High Court CR. MISC. No.9436 of 2025(9) dt.09-02-2026
2/2
5. Learned APP for the State has vehemently opposes
the prayer for bail of the petitioner and submits that cognizance
was taken against the accused person namely, Md. Ramjani @
Sinur and Khusheed Mistri @ Hussain Mistri (petitioner). In the
Trial, five witnesses have been examined and the trial is pending
for the evidence of the doctor.
6. Considering the fact that all the witnesses have stated
that accused including the present petitioner had inflicted lathi
blow to the deceased, I am not inclined to enlarge the petitioner
on bail in connection with Lalmaniya P.S. Case No.43 of 2024
pending in the court of learned S.D.J.M, Jhanjharpur,
Madhubani.
7. Prayer is refused.
8. However, the learned Trial Court is directed to
expedite the trial.
(Sandeep Kumar, J)
mdrashid/-
U T
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