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Patna High CourtCR. MISC./36642/2025rejected

Sudhir Bhuiyan @ Sudhir Kumar v. The State Of Bihar

2025-08-01Mr. Justice Alok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36642 of 2025 Arising Out of PS. Case No.-24 Year-2020 Thana- DUMARIYA District- Gaya ====================================================== Sudhir Bhuiyan @ Sudhir Kumar S/o- Badri Bhuiyan Resident of VillageChatakpur, P.S.- Maigra, District- Gaya, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 01-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with S.Tr. No. 78 of 2021/504 of 2023 arising out of Dumariya P.S. Case No. 24 of 2020 registered for the offences punishable under Section 302 of the IPC.

3. As per prosecution case, petitioner is alleged to have stabbed his mother-in-law and the sole reason behind the said occurrence is that the informant brought her sister without permission of the petitioner as a result of which petitioner has abused and threatened to take the life of informant's sister on mobile and disconnected the call.

4. Learned counsel for the petitioner submits that the prayer for bail of the present petitioner has already been rejected

Patna High Court CR. MISC. No.36642 of 2025(4) dt.01-08-2025 2/3 on merit by this Court on two occasions i.e. on 23.01.2023 and 21.06.2024 passed in Cr. Misc. No. 27920 of 2022 and Cr. Misc. No. 15183 of 2024 respectively. He further submits that petitioner is in custody since 12.05.2020 which is more than five years. He further submits that trial has not been concluded as yet and delay of trial is not in any way attributable to the present petitioner.

5. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner and submits that on two occasions the bail prayer of the petitioner was rejected on merit vide order dated 23.01.2023 and 21.06.2024 passed in Cr. Misc. No. 27920 of 2022 and Cr. Misc. No.15183 of 2024 respectively. He further submits that there is no fresh ground for considering the bail prayer of the petitioner.

6. A report regarding stage of trial has been sought by this Court and in pursuance of the said direction, the trial court vide letter no. 364 dated 24.06.2025 has reported that all the prosecution witnesses have already been examined and the case is fixed for statement of the accused.

7. Considering the facts and circumstances of the case, particularly keeping in view that earlier on two occasions bail prayer of the petitioner has already been rejected on merit

Patna High Court CR. MISC. No.36642 of 2025(4) dt.01-08-2025 3/3 as well as report of the trial court, I am not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is hereby rejected.

(Alok Kumar Pandey, J) vashudha/- U T