Patna High CourtCR. MISC./9077/2026dismissed

Bheema @ Bhuma Kumar @ Mithilesh Kumar @ Bhoma v. The State Of Bihar

2026-04-16Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9077 of 2026 Arising Out of PS. Case No.-406 Year-2023 Thana- KHAGAUL District- Patna ====================================================== Bheema @ Bhuma Kumar @ Mithilesh Kumar @ Bhoma S/O Vishan Singh @ Vinesh Singh @ Vinesh Prasad R/O Village- Rampur, Garikhana, P.S.- Khagaul, District- Patna at present resident of Neuraganj, P.S-Neura, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhauri Kamal Kishore Sahay, Advocate For the Opposite Party/s :

Mr.Jharkhandi Upadhyaya, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 16-04-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Khagaul P.S. Case No. 406/2023 registered for the offences punishable under Sections 341, 323, 307, 34, 120B of I.P.C. and Section 27 of Arms Act and subsequently Section 302 of IPC was added.

3. As per the prosecution case, petitioner and other accused persons are said to have fired upon the deceased.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the case. It is next submitted that the informant is not an eye witness and he was informed by the friends of the deceased that the petitioner and

Patna High Court CR. MISC. No.9077 of 2026(4) dt.16-04-2026 2/2 other co-accused had fired upon the deceased. Learned further submits that in the trial no witness has been examined yet. Learned counsel further submits that he has no criminal antecedent and he is in custody since 24.07.2025. The petitioner undertakes to co-operate in the case/ trial.

5. Learned APP for the State has opposed the prayer for regular bail of the petitioner.

6. Considering the allegation that the petitioner had fired upon the deceased, this Court is not inclined to grant bail to the petitioner even though the other co-accused persons have been granted bail.

7. Accordingly, this application stands dismissed and the court below is directed to expedite the trial and if the trial is delayed by the prosecution, the petitioner may renew his prayer for bail.

8. The Senior Superintendent of Police, Patna is directed to ensure the appearance of the witnesses in the trial.

9. Let a copy of this order be communicated through FAX or e-mail to the Senior Superintendent of Police, Patna for its compliance.

(Sandeep Kumar, J) tusharika/- U T