Mukesh Kumar @ Mukesh Sharma Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Mukesh Kumar @ Mukesh Sharma Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-XVII, Gaya, in connection with S.Tr. No. 382 of 2024 arising out of Vishnupad PS. Case No. 57 of 2020, subject to the petitioner appearing before the Trial Court on each and every date fixed, failing which (absence on two consecutive dates) the Trial Court shall cancel the bail bonds.

Issue for consideration

Whether the petitioner should be released on bail in respect of Sessions Trial No. 382/2024 (Vishnupad P.S Case No. 57 of 2020) on his third bail application, given custody since 31.10.2023, an unconcluded trial with only one of six witnesses examined, and two earlier bail rejections.

Court's answer

Petitioner ordered to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of the learned Additional District and Sessions Judge-XVII, Gaya, in connection with S.Tr. No. 382 of 2024 arising out of Vishnupad PS. Case No. 57 of 2020.

Ratio / Principle

Bail granted subject to the condition that the petitioner appear before the Trial Court on each and every date fixed; if he fails to appear on two consecutive dates, the Trial Court shall cancel his bail bonds.

Key takeaways

Grant of bail rested on the stated considerations that the petitioner had been in custody approximately two years (since 31.10.2023), the trial remained unconcluded with one of six witnesses examined, and on the submissions of the petitioner's counsel.ratio¶18

Detailed headnote1 paragraphs

Bail granted (third attempt) — Patna High Court, Criminal Miscellaneous No.62372 of 2025, oral order dated 19-12-2025 (Ramesh Chand Malviya, J): Mukesh Kumar @ Mukesh Sharma, in custody since 31.10.2023 (approx. two years) in Sessions Trial No. 382/2024 arising out of Vishnupad P.S Case No. 57 of 2020 (offences under Sections 307 of the Indian Penal Code read with Section 27 of the Arms Act; FIR alleges he fired upon the informant, hitting his shoulder, and fled), was released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Additional District and Sessions Judge-XVII, Gaya, subject to appearance before the Trial Court on every date fixed, with cancellation of the bail bonds on absence on two consecutive dates. Earlier bail prayers had been rejected vide orders dated 12.03.2024 (Cr. Misc. No. 15382) and 09.05.2025 (Cr. Misc. No. 21267 of 2025); the trial remained unconcluded with only one of six witnesses (Vashuki Nath Mishra) examined till date; the court perused the FIR, status report, case diary and the impugned order dated 11.08.2025.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62372 of 2025

Arising Out of PS. Case No.-57 Year-2020 Thana- VISHNUPAD District- Gaya

======================================================

Mukesh Kumar @ Mukesh Sharma S/o Late Kedar Singh @ Kedar Sharma R/o Mohalla- Brahmani Ghat, P.S.- Vishnupad, Distt- Gaya

... ... Petitioner/s

Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ansul, Sr. Adv Mr.Ajay Kumar Sinha, Adv For the Opposite Party/s : Mr.Bhanu Pratap Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

ORAL ORDER

4 19-12-2025

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner is in custody in connection with Sessions Trial No. 382/2024 arising out of Vishnupad P.S Case No. 57 of 2020 registered for the offences punishable under Sections 307 of the Indian Penal Code read with Section 27 of the Arms Act.

As per allegation in the FIR, petitioner ran away after firing upon the informant which hit on his shoulder.

Upon perusal of records, it appears that this is 3^rd attempt of bail of the petitioner. Earlier the prayer for bail application of the petitioner is rejected vide order dated 12.03.2024 in Cr. Misc. No. 15382 and Vide order dated 09.05.2025 in Cr. Misc. No. 21267 of 2025.

Learned APP for the State opposes the prayer for

Patna High Court CR. MISC. No.62372 of 2025(4) dt.19-12-2025 2/2

bail of the petitioner.

On perusal of the FIR, Status report, case diary and the impugned order dated 11.08.2025, it appears that there are total of six witnesses out of which one witness namely Vashuki Nath Mishra has been examined till date and petitioner is in custody since 31.10.2023 which is approx two years and the trial has yet not been concluded. So considering the aforesaid facts and circumstances of the case and submissions made on behalf of the learned counsel for the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge, -XVII, Gaya in connection with S.Tr. No. 382 of 2024 arising out of Vishnupad PS. Case No. 57 of 2020 subject to the condition that petitioner shall appear before the Trial Court on each and every dated fixed by the concerned Trial Court, if petitioner does not appears before the trial Court on two consecutive dates, then trial Court shall cancel the bail bonds of the petitioner.

(Ramesh Chand Malviya, J)

Sunnykr/-

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