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Patna High CourtCR. MISC./30721/2025dismissed

Shiva Singh v. The State Of Bihar

2025-06-20Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30721 of 2025 Arising Out of PS. Case No.-439 Year-2021 Thana- MANJHI District- Saran ====================================================== Shiva Singh S/o Anant Singh R/o Village - Barka Naya Baiju tola, P.S.- Rivilganj, Distt.- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bharat Lal ====================================================== 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 28.07.2023 passed in Cr. Misc. No. 15108 of 2023.

3. The petitioner seeks regular bail in a case registered for the offence under Sections 307, 302/34 of the Indian Penal Code.

4. The following order was passed on 28.07.2023 in Cr. Misc. No. 15108 of 2023:- Heard the learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with S.Tr. No. 459 of 2022 arising out of Manjhi P.S. Case

Patna High Court CR. MISC. No.30721 of 2025(2) dt.20-06-2025 2/3 No. 439 of 2021 registered for the offence under Sections 307, 302/34 of the Indian Penal Code. The petitioner is a 22 year old boy and having antecedents of 39 cases in which the case of loot, dacoity etc. is also included. In the present case, the deceased was killed by the petitioner and others. Learned counsel for the petitioner has submitted that the petitioner is not named in the F.I.R. and one Arvind Yadav is the assailant of the deceased.

Considering the antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner.

Accordingly, the prayer of bail of the petitioner is rejected herewith.

The Sessions Judge, Saran and the Sessions Judge, Patna are directed to expedite the trial of all the cases in one court pending against the petitioner. The Superintendent of Police, Saran is also directed to cooperate in the disposal of the trial and sent a report of the trial within six months as directed by this Court.

Let a copy of this order be communicated to Sessions Judge, Saran and Superintendent of Police, Saran for its forthwith compliance.

5. The learned counsel for the petitioner has submitted that the trial has started and three witnesses have 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, I am not inclined to grant bail to the petitioner when the trial has started and three witnesses have been examined and moreover when the petitioner is such a veteran criminal.

Patna High Court CR. MISC. No.30721 of 2025(2) dt.20-06-2025 3/3

7. Accordingly, this application for regular bail stands rejected.

(Sandeep Kumar, J) Shishir/- U