Patna High CourtCR. MISC./26218/2025dismissed

Vivek Kumar @ Vivek Yadav @ Swami Vivekanand v. The State Of Bihar

2025-08-06Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26218 of 2025 Arising Out of PS. Case No.-21 Year-2013 Thana- NIMCHAKBATHANI District- Gaya ====================================================== Vivek Kumar @ Vivek Yadav @ Swami Vivekanand S/O Rajendra Prasad Yadav @ Rajendra Yadav R/O Village- Madhobigha, Bathani, P.S- Neemchak Bathani, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. P. N. Shahi, Sr. Advocate Ms.Roona, Advocate For the State :

Mr. Jharkhandi Upadhyay, APP For the Informant :

Mr. Ramakant Singh, Advocate Mr. Ranvijay Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 06-08-2025 Heard learned Senior Counsel for the petitioner; learned APP for the State and learned counsel for the informant.

2. The petitioner seeks bail in connection with Neemchak Bathani P.S. Case No. 21 of 2013 registered for the offence punishable under Sections 341, 342, 323, 325 and 307/34 of the Indian Penal Code to which later on Section 302 of the Indian Penal Code was added.

3. As per the FIR, the petitioner is said to have assaulted the deceased on his leg but the postmortem report does not support the same.

4. The petitioner is in custody since 11.12.2024 and charge has been framed.

Patna High Court CR. MISC. No.26218 of 2025(3) dt.06-08-2025 2/2

5. Learned counsel for the State and learned counsel for the informant have submitted that the petitioner has participated in the crime. The petiitoner is an absconder as the case was registered in the year 2013 and one co-accused has faced trial and has been convicted.

6. In view of the fact that the petitioner is alleged to have killed the deceased and he was an absconder, I am not inclined to grant bail to the petitioner.

7. Accordingly, the application stands dismissed.

8. If the trial is delayed by the prosecution, the petitioner may renew his prayer for bail.

(Sandeep Kumar, J) P. Kumar U T