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Patna High CourtCR. MISC./19056/2025dismissed

Daya Nand Kumar @ Daya Nand Ray v. The State Of Bihar

2025-07-02Mr. Justice Sandeep Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6553 of 2025 Arising Out of PS. Case No.-274 Year-2024 Thana- MANER District- Patna ====================================================== Lal Shaheb Ray S/o Ramjasi Ray R/o Brahmchari Pokhara, Hira Tola Sher Pur, P.S. - Maner, Distt - Patna ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 19056 of 2025 Arising Out of PS. Case No.-274 Year-2024 Thana- MANER District- Patna ====================================================== Daya Nand Kumar @ Daya Nand Ray Son of Lal Saheb Ray Resident of Village- Hira Tola (Brahamchari Pokhara), Sherpur, P.S.- Maner, Dist.- Patna ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 6553 of 2025) For the Petitioner/s :

Mr.Ganesh Prasad Yadav For the Opposite Party/s :

Mr.Manoj Kumar Mr. Jharkhandi Upadhyay For the Informant :

Mr. Shambhu Narayan Singh Mr. Suraj Kr. Tiwari (In CRIMINAL MISCELLANEOUS No. 19056 of 2025) For the Petitioner/s :

Mr. Anshul, Sr. Adv.

Mr.Ranjit Kumar Thakur For the Opposite Party/s :

Mr.Shyameshwar Dayal Mr. Jharkhandi Upadhyay For the Informant :

Mr. Shambhu Narayan Singh Mr. Suraj Kr. Tiwari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-07-2025 Re-Cr. Misc. No. 6553 of 2025 Heard the learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State.

2. The petitioner seeks bail in connection with Maner

2/4 P.S. Case No. 274 of 2024 registered for the offence under Section 302, 120(B)/34 of the Indian Penal Code and under Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner and others have participated in the killing of the deceased.

4. There are nine cases pending against the petitioner and and earlier the father of the informant was killed and now his uncle has also been killed by the same set of accused persons.

5. In that view of the matter, this application is dismissed.

6. The trial of the petitioner is directed to be expedited.

7. It has been submitted by the learned counsel for the informant that the informant is a eighteen year old boy and he was given police protection after the killing of his father as he is an eye witness in that case. Now he is eye witness of killing of his uncle. It has further been submitted that the police protection has been withdrawn two months back.

8. In these circumstances, the Senior Superintendent of Police, Patna is directed to restore the police protection of the informant till the trial of both the cases is completed.

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

Re-Cr. Misc. No. 19506 of 2025

10. Heard the learned senior counsel for the petitioner, learned counsel for the informant and learned counsel for the State.

11. The petitioner seeks bail in connection with Maner P.S. Case No. 274 of 2024 registered for the offence under Section 302, 120(B)/34 of the Indian Penal Code and under Section 27 of the Arms Act.

12. As per the prosecution case, the petitioner is one of the assailant of the deceased.

13. Learned senior counsel for the petitioner has submitted that the petitioner is a government servant and was present in his office in Delhi but this alibi has not been verified by the I.O. of the case though the application was filed before him and the same has also been mentioned in paragraph 39 of the case diary.

14. The petitioner is in custody since 4.8.2024.

15. The prayer of the petitioner is rejected for the present because of the allegations levelled against him but the

4/4 Senior Superintendent of Police, Patna is directed to get the alibi of the petitioner verified properly with six weeks after starting further investigation as charge-sheet has been submitted in this case.

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

(Sandeep Kumar, J) Vikas/- U