Anand Prakash @ Mukhiya Jee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12596 of 2026 Arising Out of PS. Case No.-139 Year-2023 Thana- AGAMKUAN District- Patna ====================================================== Anand Prakash @ Mukhiya Jee S/o Birendra Singh R/o Village - Utrama, P.S - Kurtha, District - Arwal ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Rasika, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP For the Informant :

Mr. Ram Pravesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-04-2026 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner has prayed for regular bail in connection with Agamkuan P.S. Case No. 139 of 2023 instituted for the offence under Sections 302, 120B of the Indian Penal Code and Section 27 of the Arms Act.

3. The case of the prosecution is that while the informant was returning with his brother, it is alleged that one Raushan fired at the cheek of the brother of the informant. It is further alleged that this petitioner and one Ram Pravesh have fired at the chest of the informant' brother. The brother of the informant succumbed to the injuries.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.12596 of 2026(4) dt.20-04-2026 2/3 petitioner is innocent and committed no offence. He has further submitted that the occurrence is of dark night and no one is witness to this occurrence. The FIR was lodged after postmortem. Moreover, the petitioner is languishing in judicial custody since 18.03.2025.

5. Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer of regular bail and learned counsel for the informant has submitted that there is direct allegation against this petitioner and one Ram Pravesh Mahto of firing at chest of the deceased. From perusal of the postmortem report, it also transpires that the deceased has received injuries on those parts of the body. It has further been submitted that the bail application of co-accused Ram Pravesh Mahto has already been rejected by learned coordinate Bench of this Court vide Cr. Misc. No. 82895 of 2024. It has further been submitted that the petitioner was absconding and has recently surrendered.

6. Having heard the learned counsel for the parties and considering the facts and cirumstances of this case as stated above, this court is not inclined to enlarge the petitioner on bail at this stage and, as such, his prayer for bail stands rejected.

7. However, the petitioner will be at liberty to renew

Patna High Court CR. MISC. No.12596 of 2026(4) dt.20-04-2026 3/3 his prayer for bail after nine months if the trial is not concluded.

8. Learned trial court is directed to expedite the trial and conclude the same within the stipulated period of time. (Ashok Kumar Pandey, J) Shubham/- U T