Patna High CourtCR. MISC./24620/2025dismissed

Kundan Kumar @ Kundan Das v. The State Of Bihar

2025-06-20Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24620 of 2025 Arising Out of PS. Case No.-210 Year-2023 Thana- SAHIYARA District- Sitamarhi ====================================================== Kundan Kumar @ Kundan Das S/o Dharikshan Das @ Dharishan Das R/o village - Matiyar Khurd, P.S. - Sahiyara, Dist. - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-06-2025 Heard the learned counsel for the petitioner and the learned APP for the State.

2. This is the 2nd attempt of the petitioner. Earlier the bail application of the petitioner was rejected vide order dated 01.10.2024 passed in Cr. Misc. No. 64913 of 2024.

3. The petitioner seeks regular bail in a case registered for the offence under Section 395 of the Indian Penal Code.

4. The following order was passed on 01.10.2024 in Cr. Misc. No. 64913 of 2024:- Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sessions Trial No. 370 of 2024 arising out of Sahiyara P.S. Case No. 210 of 2023 registered for the offences under Sections 395 of the Indian Penal Code.

3. As per the prosecution case, unknown criminals have looted Rs. 48,800/-, and motorcycle from the informant.

4. The name of the petitioner has come in the self inculpatory statement of the co-accused. Apart from that, one Puja Devi has also named the petitioner as a liner who was giving the informant about the

Patna High Court CR. MISC. No.24620 of 2025(2) dt.20-06-2025 2/2 movement of persons travelling on the road.

5. Looted motorcycle has been recovered from thehouse of one Prabhat kumar, who has also taken the name of the petitioner in his self-inculpatory statement.

6. The petitioner is in jail since 2.3.2024 and he is accused in five more cases of similar and serious nature.

7. Considering the aforesaid facts, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, this application is dismissed.

9. The Court below is directed to expedite the trial of the petitioner and conclude the same at the earliest.

5. The trial has started. Three witnesses have already been examined.

6. In view of the judgment of the Hon'ble Supreme Court in the case of X vs. State of Rajasthan & Anr., 2024 SCC Online SC 3539 observing that once the trial has started and the witnesses are being examined, the accused persons should not be granted bail ordinarily, this application for regular bail is hereby rejected.

(Sandeep Kumar, J) Shishir/- U T