Mahesh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21287 of 2026 Arising Out of PS. Case No.-704 Year-2025 Thana- WAJIRGANJ District- Gaya ====================================================== Mahesh Prasad S/O Karam Mahto R/O Village- Tarwar , P.s- Wazirganj , District- Gaya jee ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Mohan Das, Advocate For the State :

Mr. Anil Kumar, APP For the Informant :

Mr. Nand Kishore Pd. Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 07-05-2026 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Wazirganj P.S. Case No. 704 of 2025 registered for the offences punishable under Sections 103(1), 61(2) (a) of the BNS and Section 27 of the Arms Act.

3. As per the prosecution case, the husband of the informant was done to death by gunfire allegedly fired by eight named accused persons.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It has further been submitted that the petitioner is not named in the FIR, and his name has transpired in the confessional statement of co-accused, made before the police while in police custody, which has got no evidentiary value.

Patna High Court CR. MISC. No.21287 of 2026(3) dt.07-05-2026 2/2 Moreover, similarly situated co-accused persons, namely Mithlesh Choudhary @ Dapta and Guddu Mistry @ Guddu Chaudhary have already been granted bail by a co-ordinate Bench of this Court vide order dated 06.04.2026 passed in Cr. Misc. No. 8951 of 2026 and Cr. Misc. No. 12641 of 2026 respectively. Lastly, it has been submitted that the petitioner has got clean criminal antecedent and is in custody since 15.11.2025.

5. Learned APP for the State and learned counsel of the informant have vehemently opposed the prayer for bail of the petitioner.

6. Heard the parties and perused the record.

7. Considering the facts and circumstances of the case and the parity of the co-accused, let the petitioner above-named, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya, in connection with Wazirganj P.S. Case No. 704 of 2025.

8. The application stands allowed.

(Praveen Kumar, J) Jyoti/- U T