Mahendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32245 of 2025 Arising Out of PS. Case No.-182 Year-2023 Thana- PASRAHA District- Khagaria ====================================================== Mahendra Singh Son of Late Kokai Singh Resident of village - Mahdipur, P.S.- Pasraha, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-08-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The present criminal miscellaneous application has been filed under Sections 483 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of regular bail to the petitioner who is in custody in connection with S.T. No.70 of 2024, arising out of Pasraha P.S. Case No. 182 of 2023, under Sections 302/342/323/120B/34 of the Indian Penal Code.

3. Earlier prayer for bail of the petitioner was refused vide order dated 10.07.2024 passed in Cr. Misc. No.28214 of 2024.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel

Patna High Court CR. MISC. No.32245 of 2025(3) dt.01-08-2025 2/3 submits that the petitioner is simply an order giver. He further submits that other co-accused similarly situated have been granted bail by this Court vide order dated 19.07.2024 passed in Cr. Misc. No.30757 of 2024 and order dated 20.06.2025 passed in Cr. Misc. No.18995 of 2025.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that progress report has been called for. He also submits that those persons to whom bail has been granted and the petitioner whose bail has been rejected are at different footings. He submits that in the bail order itself granted by a coordinate Bench of this Court, it has been categorically observed that Sattan Singh, Dablu Singh, Babloo Singh, Rajdeo Singh and Phulo Singh is involved in the murder of the informant's mother.

6. From the record it transpires that none of those persons have been granted bail, rather the other persons having no specific allegation have been granted bail. It further transpires to this Court that the petitioner was earlier convicted in the murder of father and uncle of the informant, in which the deceased was the eyewitness and from stopping to adduce the evidence of the informant's mother she was brutally killed by the order of the petitioner, who is a convicted accused of murder

Patna High Court CR. MISC. No.32245 of 2025(3) dt.01-08-2025 3/3 of informant's father in which deceased mother was eyewitness.

7. In this background, this Court is not inclined to grant bail to the petitioner. Hence, the prayer for bail of the petitioner is hereby rejected.

(Dr. Anshuman, J) Mkr./- U T