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Patna High CourtCR. MISC./12593/2026dismissed

Deepak Kumar v. The State Of Bihar

2026-02-23Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12593 of 2026 Arising Out of PS. Case No.-68 Year-2023 Thana- PUSA District- Samastipur ====================================================== Deepak Kumar S/o- Shiv Narayan Ram @ Shivnarayan Rai R/v- Harpur W.No-5, Ps- Pusa Samastipur Dist- Samastipur ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

This is the second attempt on behalf of the petitioner for grant of regular bail in connection with Pusa P.S. Case No.68 of 2023 registered for the offence under Section 302, 120-B and 34 of the Indian Penal Code.

3.

Earlier, the bail of the petitioner and other accused persons was rejected by this Court vide order dated 29.11.2023 passed in Criminal Miscellaneous No.74168 of 2023. The aforesaid order dated 29.11.2023 reads as under:- "Heard learned counsel appearing on behalf of the petitioners, learned counsel for the Informant and learned APP appearing on behalf of the State.

2. Let the defect(s), if any, be removed within a period of four weeks from

Patna High Court CR. MISC. No.12593 of 2026(2) dt.23-02-2026 2/3 today.

3. The petitioners seek bail in connection with Pusa P.S. Case No. 68 of 2023 registered for the offence under Section 302, 120B and 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioners are said to have assaulted the deceased and materials have come to show that they have participated in the crime.

5. In view of the serious allegation of murder levelled against the petitioners, this Court is not inclined to grant bail to the petitioners.

6. Accordingly, the prayer of bail of the petitioners is rejected herewith.

7. The Court below is directed to expedite the trial.

8. If there is no sufficient progress in the trial, the petitioners may renew their prayer for bail."

4.

In the trial, out of nine charge-sheeted witnesses, seven witnesses have already been examined and because of non-examination of the remaining two witnesses the trial is not progressing.

5.

Considering the fact that the trial is at the verge of conclusion, I am not inclined to review my earlier order. Accordingly, this bail application is dismissed.

Patna High Court CR. MISC. No.12593 of 2026(2) dt.23-02-2026 3/3 6.

The Superintendent of Police, Samastipur is directed to ensure the presence of remaining two witnesses in the trial.

7.

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

(Sandeep Kumar, J) pawan/- U T