CR. MISC./86126/2025 of ANIL MUSHAR @ ANIL MUSAHAR Vs THE STATE OF BIHAR
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
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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
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Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate
For the Opposite Party/s: Mr. Prem Kumar Jha, APP
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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 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
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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
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8. Prayer is refused.
9. However the learned Trial Court is directed to
expedite the trial and conclude the same at the earliest.
Suruchi/-
(Rajesh Kumar Verma, J)
U T