Mukesh Paswan @ Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11928 of 2025 Arising Out of PS. Case No.-156 Year-2019 Thana- GAURICHAK District- Patna ====================================================== Mukesh Paswan @ Mukesh Kumar S/O Late Ravindra Paswan R/O Mohalla Samaspur, P.S.- Nadi, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Rajdeep, Advocate For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-02-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This is the second attempt on behalf of the petitioner for grant of bail in connection with Gaurichak P.S. Case No.156 of 2019, registered for the offence under Sections 302, 120(B) of the I.P.C. and section 27 of the Arms Act.

3. Earlier the bail application of the petitioner has been rejected vide order dated 21.03.2024 passed in Cr. Misc. No.4627 of 2024, which reads as under:- "Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Gaurichak P.S. Case No. 156 of 2019 registered for the offence under Section 302/120B of the Indian Penal Code and under Section 27 of

Patna High Court CR. MISC. No.11928 of 2025(8) dt.09-02-2026 2/3 the Arms Act.

3. From the materials available on record, it has come that the petitioner is the assailant of the deceased. He has fired at the deceased while he tried to stop the deceased for looting him.

4. The petitioner has criminal antecedents also and he is in jail since 13.7.2023.

5. Considering the aforesaid facts, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this application is dismissed.

7. During supervision, it has come that the wife of the deceased might be involved in the killing of the deceased but there is no material in support of this theory.

8. The Superintendent of Police, Patna East is directed to supervise the investigation properly so that the real story can come out and the culprits can be punished.

9. Let a copy of this order be communicated to the Superintendent of Police, Patna East through FAX for its compliance.

10. Mr. Jharkhandi Upadhyay, learned APP for the State will also communicate this order to the Superintendent of Police, Patna East on WhatsApp and take necessary instructions."

4. From the report of the Court below it appears that the accused persons are delaying the trial by keeping the

Patna High Court CR. MISC. No.11928 of 2025(8) dt.09-02-2026 3/3 discharge petition pending.

5. Considering the gravity of the offence and the fact that the delaying steps taken by the petitioner and other accused persons, I am not inclined to review my earlier order.

6. Accordingly, the application stands dismissed.

7. The Court below is directed to proceed and decide the discharge application within 15 days from the date of communication of this order.

8. Let a copy of this order be communicated to the Additional District & Sessions Judge, Patna City forthwith through FAX or E-mail for its compliance.

(Sandeep Kumar, J) mdrashid/- U T