Rahul Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16405 of 2025 Arising Out of PS. Case No.-720 Year-2022 Thana- SITAMARHI District- Sitamarhi ====================================================== Rahul Thakur Son of Rama Thakur Residet of Village- Islampur, P.S.- Riga, Distrct- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bishwajeet Kumar For the Opposite Party/s :
Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 06.10.2022, in connection with Sadar P.S. Case No. 720 of 2022 FIR dated 05.10.2022 registered for the offence under Sections 302/34 of the Indian Penal Code but the charges have been framed against 342/34, 323/34 and 302/34 of the Indian Penal Code.
3. As per the prosecution story, the petitioner along with five accused persons assaulted the informant's son and in the alleged assault the son of the informant became unconscious.
4. Earlier the petitioner has moved for the privilege of grant of regular bail in Cr. Misc. No.52069 of 2023 and the
Patna High Court CR. MISC. No.16405 of 2025(3) dt.02-05-2025 2/3 same was rejected vide order dated 20.09.2023 and then again the petitioner moved for his prayer for regular bail in Cr. Misc. No. 15482 of 2024 and the same was also got rejected vide order dated 19.04.2024 by the Co-ordinate Bench of this Court
5. Learned counsel appearing for the petitioner submits that the petitioner is in custody since 05.10.2022 and the trial is not concluded as yet and the co-accused persons have granted the privilege of bail by this Court or the Co-ordinate Bench of this Court.
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 from the perusal of the F.I.R. it transpires that there is direct and specific allegation against this petitioner that he stabbed knife to the son of the informant and he has died and apart from that the medical evidence also supports the allegation in the F.I.R.
7. Vide order dated 19.03.2025, a report was called for with regard to the stage of the trial and the report dated 26.03.2025 of the learned Trial Court reveals that out of 8 prosecution witnesses, 6 prosecution witnesses have been examined and only doctor and Investigation Officer are remained to be examined in this Case
Patna High Court CR. MISC. No.16405 of 2025(3) dt.02-05-2025 3/3
8. Considering the facts and circumstances of the case as well as the report of the trial Court, I am not inclined to enlarge the petitioner on bail in connection with with Sadar P.S. Case No. 720,2022 pending in the Court of Sessions Judge, Sitamarhi as Session Trial No,. 229 of 2024.
9. Prayer is refused.
10. However the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Jyoti Kumari/- U T