Mukul Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28733 of 2025 Arising Out of PS. Case No.-1 Year-2024 Thana- DHARHARA District- Munger ====================================================== Mukul Singh S/O Nilambar Singh R/O Village- Mohanpur, P.S- Dharhara, Distt.- Munger.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s :
Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Dharhara P.S. Case No. 01 of 2024 instituted for the offence under Sections 324, 302 & 120B of the Indian Penal Code and Section 27 of the Arms Act. Earlier vide order dated 18-112024, passed in Cr. Misc. No. 56686 of 2024, regular bail of the petitioner was rejected by this Court on merit. 3.
Prosecution case in a nutshell is that petitioner along with others hatched criminal conspiracy to kill the husband of the informant along with deceased Shailendra
2/4 Kumar and fired on their head due to which both of them died. 4.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 05-01-2024. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application. The petitioner seeks bail for urgent medical treatment as he suffers from multiple ailments, including septic arthritis in the right knee and hypoglycemia. Despite referrals to PMCH and AIIMS Patna, no effective treatment has been provided. His condition worsened during transit for treatment, and he remains untreated in jail. He is willing to undergo knee replacement surgery outside Bihar at his own expense. Learned counsel for the petitioner submits that there is no likelihood of the trial being concluded in the near future and charge is not framed yet.
5.
Learned A.P.P. for the State vehemently opposed the prayer for grant of bail to the petitioner by contending that earlier on merit bail of the petitioner was rejected by this Court. It is submitted that charge is not framed in this case. 6.
A report was called for from the Trial Court. It has been reported that case is at the stage of hearing on the point of charge. It is further reported that case is likely to be concluded within one year.
3/4 7.
Considering the aforesaid facts and circumstances of the case and there being no fresh ground to reconsider the matter, which is already decided by this Court on merit as also charge being not framed till now, hence, I am not inclined to grant bail to the petitioner. The prayer is rejected. The Trial Court is directed to take all necessary steps to conclude the trial at earliest preferably within a period of nine months from the date of receipt/production of a copy of this order. 8.
The Inspector General, Prison, Bihar and the Superintendent of Jail, Munger, are hereby directed to ensure that the petitioner is provided with requisite medical care in accordance with his diagnosed medical condition and ongoing treatment requirements.
9.
The District Magistrate, Munger and the Superintendent of Police, Munger are also directed to take necessary steps to produce the witnesses on the date fixed in the Trial Court so that the trial could be concluded expeditiously. 10.
Let this order be communicated to the Inspector General, Prison, Bihar; the District Magistrate, Munger; the Superintendent of Police, Munger; and the Jail Superintendent, Munger.
11.
Interlocutory Application, if any, shall stand
4/4 disposed of.
(Rudra Prakash Mishra, J) Raj Kishore/- U T