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Patna High CourtCR. MISC./19041/2025dismissed

Harendra Kumar v. The State Of Bihar

2025-07-23Mr. Justice Sandeep Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18394 of 2025 Arising Out of PS. Case No.-134 Year-2024 Thana- NEORA District- Patna ====================================================== Vikash Kumar @ Bherhi S/o Din Dayal Pandit R/o- Dhoraua,P.S- Masaurhi, District-Patna, At present -in the house of sunny kumar, Text Book colony, Indrapuri, road no 24, P.S- Patliputra, District -patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 19041 of 2025 Arising Out of PS. Case No.-134 Year-2024 Thana- NEORA District- Patna ====================================================== Harendra Kumar Son of Bharat Choudhary @ Subhash Choudhary Village -Subhaw tola PS -Neora Dist- Patna ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 18394 of 2025) For the Petitioner/s :

Mr.Umesh Kumar Mishra, Advocate For the State :

Ms.Meena Singh, APP (In CRIMINAL MISCELLANEOUS No. 19041 of 2025) For the Petitioner/s :

Mr.Sunil Kumar Pathak, Advocate For the State :

Ms.Rina Sinha, APP For the Informant :

Mr. Sunil Kumar, Advocate Mr. Ankit Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 23-07-2025 Re.: Cr. Misc. No. 18394 of 2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Neura P.S. Case No. 134 of 2024 registered for the offence punishable

2/4 under Sections 309(4) and 103 of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.

3. Unknown criminals had shot the victim. The motorcycle number of the criminals was given to the informant by the local people. The name of the petitioner has come during investigation.

4. During investigation, it has come that the motorcycle owner had got petrol from a petrol pump and through the UPI ID, the petitioner was caught. He has given a self inculpatory statement. The motorcycle used in the crime was recovered from the house of co-accused Suraj Kumar and the murdered weapon has also been recovered from the house of Suraj Kumar. The petitioner is in custody since 20.08.2024.

5. Learned counsel for the informant has vehemently opposed the prayer for bail. He has submitted that the trial has started and the prosecution will examine the witnesses in the trial on the date fixed in the trial.

6. Considering the aforesaid, this application is dismissed.

7. The trial of the petitioner is directed to the expedited and the SHO, Neura Police Station is directed to produce the witness in the trial on the date fixed in the trial so

3/4 that the trial is not delayed. It is made clear that if the trial of the petitioner is delayed due to the fault of the prosecution side, then the petitioner may renew his prayer for bail.

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

Re.: Cr. Misc. No. 19041 of 2025

9. Heard learned counsel for the petitioner and learned APP for the State.

10. The petitioner seeks bail in connection with Neora P.S. Case No. 134 of 2024 registered for the offence punishable under Sections 309(4) and 103 of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.

11. Unknown criminals had shot the victim. The motorcycle number of the criminals was given to the informant by the local people. The name of the petitioner has come during investigation.

12. During investigation, one Vikash Kumar was apprehended. Vikash Kumar has made a self inculpatory statement and named the petitioner as co-accused who has participated in the crime of killing the deceased.

13. Considering the aforesaid, this application is

4/4 dismissed.

14. The trial of the petitioner is directed to the expedited and the SHO, Neora Police Station is directed to produce the witness in the trial on the date fixed in the trial so that the trial is not delayed. It is made clear that if the trial of the petitioner is delayed due to the fault of the prosecution side, then the petitioner may renew his prayer for bail.

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

(Sandeep Kumar, J) P. Kumar U T