Mukesh Sah @ Mukesh Sahu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17622 of 2024 Arising Out of PS. Case No.-371 Year-2023 Thana- DUMRA District- Sitamarhi ====================================================== 1.
Mukesh Sah @ Mukesh Sahu, S/o Ram Bachchan Sah 2.
Lalji Sah, S/o Ram Bachchan Sah Both are R/o village - Kethariya, P.S. - Dumra, Distt. - Sitamarhi ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Devendra Kumar, Advocate For the Opposite Party/s :
Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-01-2026 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. Both accused/petitioners are named in the FIR and apprehending their arrest in connection with Dumra P.S. Case No.371 of 2023 registered under Sections 302 read with 34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The informant raised suspicion against petitioners and other named co-accused persons to commit murder of her husband by causing gunshot injury.
4. It is submitted by learned counsel appearing for petitioners that save and except suspicion, nothing survives
Patna High Court CR. MISC. No.17622 of 2024(8) dt.28-01-2026 2/3 against the petitioners. It is pointed out that considering the nature of allegation, one of the learned co-ordinate Bench of this Court granted anticipatory bail to similarly suspected coaccused persons namely, Bimlesh Sah through Cr. Misc. No.11274 of 2024 dated 12.03.2024 and, therefore, as a matter of judicial parity, this petitioner also deserves bail. Learned counsel has further pointed out that the deceased himself was a man of criminal antecedent and was involved in four criminal cases, having rivalry with different persons of the locality, wheres both petitioners are men of clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by taking note of nature of accusation, which is very general and omnibus qua both of petitioners, coupled with the fact that the FIR prima facie shows suspicion qua involvement of petitioners, accordingly, both petitioners, above-named, in the event of their arrest or surrender in the court below within a period of four weeks, are directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
Patna High Court CR. MISC. No.17622 of 2024(8) dt.28-01-2026 3/3 each with two sureties of the like amount each to the satisfaction of the learned Cheif Judicial Magistrate, Sitamarhi in connection with Dumra P.S. Case No.371 of 2023, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.) Sanjeet/- U T