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Patna High CourtCR. MISC./22313/2025bail rejected

Priyanshu Kumar v. The State Of Bihar

2025-07-24Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22313 of 2025 Arising Out of PS. Case No.-102 Year-2024 Thana- NAYA RAM NAGAR District- Munger ====================================================== 1.

Priyanshu Kumar S/o- Laxman Thakur @ Laxman Thakur Village- Dadpur Ward No- 03 PS-Bhagwanpur District-Begusarai 2.

Prince Kumar S/o- Manoj Kumar Thakur @ Manoj Thakur VillageMaharathpur Maharatpur Ps- Singhaul Singhoul Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-07-2025 Heard learned counsel for the petitioners, learned APP for the State and perused the case diary.

2. The petitioners seek bail in connection with Naya Ram Nagar P.S. Case No. 102 of 2024, instituted for the offences punishable under Sections 103(1), 238, 303(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act.

3. The prosecution case, in short is that some unknown persons have committed murder of informant's grandson by shooting him and stole his Bolero vehicle.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the

Patna High Court CR. MISC. No.22313 of 2025(3) dt.24-07-2025 2/3 present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioners. Learned counsel for the petitioners also submits that the petitioners are not named in the FIR. Name of the petitioners have transpired in this case during investigation on the basis of CDR and mobile tower location. It is further submitted that as per confessional statement of the petitioners, specific allegation of firing is against co-accused, namely, Gulshan Kumar. The petitioners are in custody since 23.11.2024 and have got one criminal antecedent in which they are on bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners and submits that the petitioners have confessed their guilt and have also stated that co-accused Gulshan Kumar had fired upon the deceased. It is further submitted that paragraph nos. 59, 78 and 128 of the case diary pertains to CCTV footage, CDR and mobile tower location respectively. Hence, the petitioners do not deserve the privilege of bail.

6. Considering the aforesaid facts and circumstances of the case, nature of accusation and the gravity of the offence, this Court is not inclined to grant bail to the petitioners.

Patna High Court CR. MISC. No.22313 of 2025(3) dt.24-07-2025 3/3

7. The prayer is rejected. The trial Court is directed to expedite the Trial.

(Rudra Prakash Mishra, J) Rajorshi/- U T