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Patna High Court

Khushed Mistri@Hussain Mistri@Khurshid Mistri@Md. Hussain Mistri@Mohammad Khurshid@HussainversusTHE STATE OF BIHAR

Decided
Disposal
DISMISSED

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

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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