Sudhanshu Kumar @ Surya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36332 of 2025 Arising Out of PS. Case No.-343 Year-2023 Thana- BHELDI District- Saran ====================================================== Sudhanshu Kumar @ Surya S/o Jitendra Sah R/o Village- Samastpura, P.S.- Bheldi, District- Saran (Chapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-08-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Bheldi P.S. Case No. 343 of 2023 instituted for the offence under Sections 302 & 34 of the Indian Penal Code and Section 27 of the Arms Act.

3.

Prosecution case in short is that informant's husband was shot dead by unknown miscreants. It is alleged that due to business rivalry the FIR named accused person has killed her husband.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 25-04-2025. Petitioner bears no criminal antecedent, as per disclosure made in

Patna High Court CR. MISC. No.36332 of 2025(3) dt.19-08-2025 2/3 paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submits that petitioner is not named in the FIR and his name has surfaced in this case on the basis of confessional statement of co-accused, namely, Rohit Kumar Singh, who is the main assailant and he has been enlarged on bail. There is no specific allegation against the petitioner. There is no recovery from the possession of the petitioner.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that petitioner acted as a liner who had done reckee along with co-accused persons for murder of informant's husband. Hence, the involvement of the petitioner in the alleged occurrence cannot be denied. Bail of other co-accused person has been rejected by a Co-ordinate Bench of this Court vide order dated 10-07-2024, passed in Cr. Misc. No. 47564 of 2024. 7.

Considering the aforesaid facts and circumstances of the case, there being enough material against the petitioner to establish his role in the alleged occurrence in the criminal conspiracy, this Court is not inclined to grant bail to the

Patna High Court CR. MISC. No.36332 of 2025(3) dt.19-08-2025 3/3 petitioner. Prayer fro grant of bail to the petitioner is hereby rejected.

8.

The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.

(Rudra Prakash Mishra, J) Raj Kishore/- U T