Mohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37344 of 2025 Arising Out of PS. Case No.-302 Year-2023 Thana- MIRGANJ District- Gopalganj ====================================================== Mohit Kumar son of Manjit Ram @ Manjeet Ram @ Manjeet Kumar Ram Village- Madho Matihani PS -Mirganj District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Mirganj P.S. Case No. 302 of 2023 instituted for the offences punishable under Sections 302 and 120-b/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, three unknown persons on one red-black TVS Star motorcycle have dashed to the motorcycle of the informant's son and committed murder by gun shot injury on his head, thereafter he died.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted earlier prayer for regular bail of the petitioner was

Patna High Court CR. MISC. No.37344 of 2025(3) dt.18-07-2025 2/3 rejected by this Court vide order dated 22.04.2024 passed in Cr. Misc. No. 23665 of 2024. It is also submitted that petitioner is in judicial custody since 09.10.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. This is a second attempt of the petitioner for prayer for regular bail before this Court. Earlier, prayer for regular bail of the petitioner was rejected by this Court vide order dated 22.04.2024 passed in Cr. Misc. No. 23665 of 2024. From the perusal of the stage of trial report sent by the Distrct & Additional Sessions Judge XII, Gopalganj vide Letter No. 223 dated 26.06.2025, it appears that presently case is listed for prosecution evidence. Charges against all the four accused has been framed on 21.05.2025. No any witnesses have been examined till now . Hence, learned Distrct & Additional Sessions Judge XII, Gopalganj demanded six months more time to conclude the trial.

7. Considering the aforesaidfacts and circumstances of the case, I am not inclined to grant regular bail to the petitioner.

8. Accordingly, prayer for regular bail of the petitioner is hereby rejected. However, trial Court is directed to preferably

Patna High Court CR. MISC. No.37344 of 2025(3) dt.18-07-2025 3/3 conclude the trial within a period of six months as stated by learned District & Additional Sessions Judge XII, Gopalganj vide Letter No. 223 dated 26.06.2025. If the trial of the petitioner is not concluded within stipulated time, petitioner is at liberty to file fresh bail petition before the trial Court and trial Court may consider his prayer for regular bail accordingly. (Ramesh Chand Malviya, J) Mayank/- U T