Patna High CourtCR. MISC./17131/2025dismissed

Ismail Kumar @ Raushan Kumar @ Smyle Kumar v. The State Of Bihar

2025-07-23Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17131 of 2025 Arising Out of PS. Case No.-288 Year-2024 Thana- DANAPUR District- Patna ====================================================== Ismail Kumar @ Raushan Kumar @ Smyle Kumar S/O Mahesh Choudhary R/o Village- NayaTola, Ward No.17, P.S- Danapur, Dist.- Patna, Bihar801503. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamal Kishor Kumar For the Opposite Party/s :

Mr. Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-07-2025 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Danapur P.S. Case No. 288 of 2024 registered for the offence under Sections 302, 201/34 of the Indian Penal Code.

3. As per the prosecution case, the dead body of the deceased, namely, Shrey Kumar was recovered. During investigation, the name of the petitioner and other co-accused persons has been transpired. The co-accused has made a self inculpatory statement that the petitioner along with others had participated in killing of deceased, Shrey Kumar over dispute of money. The petitioner has also made a self inculpatory statement that he along with others had beaten the deceased and after which the deceased became senseless and, thereafter, one Subhash Kumar cut his neck. All the accused persons have participated in the crime. The final blow may have been given

Patna High Court CR. MISC. No.17131 of 2025(6) dt.23-07-2025 2/2 by co-accused, Kallu Kumar.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is in custody since 23.03.2024.

5. Learned A.P.P. has vehemently opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances and the gravity of the offence, I am not inclined to grant bail to the petitioner.

7. Accordingly, this application for regular bail is hereby rejected.

8. Since the petitioner is in custody since 23.03.2024 i.e. about one year four months, the Court below is directed to expedite the trial of the petitioner.

9. The S.H.O. Danapur Police Station is directed to ensure the appearance of the witnesses in the trial.

10. Let a copy of this order be communicated to the Senior Superintendent of Police, Patna through FAX for its compliance forthwith.

(Sandeep Kumar, J) anand/- U T