Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32903 of 2025 Arising Out of PS. Case No.-89 Year-2024 Thana- SAHARSA SADAR District- Saharsa ====================================================== Sonu Kumar S/O Rajdeep Yadav R/O Vill.- Kahara Block, ward No.24/42, P.S.- Saharsa Sadar, Distt.- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aditya Raj, Adv.

For the Opposite Party/s :

Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 16-05-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Saharsa P.S. Case No. 89 of 2024 instituted for the offences under Sections 394, 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The prosecution case, the allegation against coaccused Roushan Kumar and two unknown are that at around 12:30 O'clock in the night, three unknown criminals came near trucks and started damaging the same with sticks and rods. Two criminals stood on the foot board of the truck on the right side and one criminal stood on the foot board on the

Patna High Court CR. MISC. No.32903 of 2025(2) dt.16-05-2025 2/3 left side and started opening the gate and causing vandalism. Meanwhile, the driver of the truck, Sipahi Gond started moving forward. Meanwhile, one criminal standing on foot board on the right side of the truck opened fire, hitting the right hand side of the driver of truck, Sipahi Gond due to which he got injured and died. On coming near the main road, the truck driver turned the truck towards right due to which the criminals hanging on the foot board on the left side of the truck fell down and the wheel of the truck ran over his body and died during treatment in the Sadar Hospital, Saharsa.

4. This is the second attempt of the petitioner. Earlier the petitioner has moved before this Court with a prayer for bail which was rejected by this Court vide order dated 29.10.2024 passed in Cr. Misc. No. 53149 of 2024.

5. Learned counsel for the petitioner submits that the petitioner is in custody since 01.02.2024. He further submits that the charge has already been framed on 20.02.2025 but, till date, not a single witness has been examined and, thus, there is no likelihood of the conclusion of the trial in near future.

Patna High Court CR. MISC. No.32903 of 2025(2) dt.16-05-2025 3/3

6. There is no new ground to consider the bail application of the petitioner.

7. Accordingly, the prayer for bail of the petitioner, above named, is again rejected with a direction to the learned court below to expedite the trial and conclude the same expeditiously.

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