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Patna High CourtCR. MISC./86126/2025rejected

Anil Mushar @ Anil Musahar v. The State Of Bihar

2026-03-30Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86126 of 2025 Arising Out of PS. Case No.-272 Year-2023 Thana- SANDESH District- Bhojpur ====================================================== Anil Mushar @ Anil Musahar S/O Ramishwar Mushar R/O Village- Bhatauli, Mushar Toli, P.S.- Sandesh, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-03-2026 Heard Mr. Arun Kumar, learned counsel for the petitioner and Mr. Prem Kumar Jha, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 14.11.2023 in connection with Sandesh P.S. Case No. 272 of 2023, FIR dated 13.11.2023 registered for the offence under Section 302 of Indian Penal Code.

3. According to the prosecution case, informant alleged that the petitioner used to assault his sister (wife of petitioner) on several occasions. On 12.11.2023 at night, he was informed that the petitioner has assaulted his sister and murdered her. On this,when the informant reached matrimonial house of his sister, he found injury at the back of head of his

Patna High Court CR. MISC. No.86126 of 2025(4) dt.30-03-2026 2/3 sister and blood was oozing from it.

4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in this case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offences as alleged in the F.I.R and the petitioner is rotting in judicial custody since 14.11.2023.

5. Vide order dated 19.01.2026 a report was called with regard to stage of the trial. Report of the learned Trial Court dated 24.01.2026 reveals that out of seven charge sheet witnesses, five witnesses have been examined completely and sixth witness has been examined by prosecution and pending for defence examination.

6. Learned A.P.P. for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that there is direct and specific allegation against the petitioner supported by medical evidence (post-mortem report).

7. Considering the facts and circumstances and nature of allegation as well as report of trial Court, I am not inclined to enlarge the petitioner on bail in connection with Additional Sessions Judge-VII, Bhojpur, Ara pending in the Court of Sandesh P.S. Case No. 272 of 2023.

Patna High Court CR. MISC. No.86126 of 2025(4) dt.30-03-2026 3/3

8. Prayer is refused.

9. However the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Suruchi/- U T