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Patna High CourtCR. MISC./45733/2025bail rejected

Deepak Kumar @ Bittu @ Bittu Kumar v. The State Of Bihar

2025-09-12Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45733 of 2025 Arising Out of PS. Case No.-441 Year-2023 Thana- KHAJEKALA District- Patna ====================================================== Deepak Kumar @ Bittu @ Bittu Kumar S/o Rajesh Choudhary Resident of Deewan Mohalla, Ghasiyari Gali, P.S.- Khajekala, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Sessions Trial No. 242 of 2024 arising out of Khajekala P.S. Case No. 441 of 2023, dated 11.10.2023, lodged under Sections 302, 120(B) & 34 of the Indian Penal Code and under Section 27 of the Arms Act, pending before the Court of A.D.J.- IV, Patna City.

3. Learned counsel for the petitioner submits that the bail application of the petitioner was earlier rejected vide order dated 25.09.2024 passed in Cr. Misc. No. 41866 of 2024.

4. Counsel further submits that the petitioner has been in custody since 14.10.2023. He further submits that on the previous occasion, a report regarding the present stage of the

Patna High Court CR. MISC. No.45733 of 2025(3) dt.12-09-2025 2/3 trial was called for.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the criminal antecedent of the petitioner is not clean, as three criminal cases are pending against him. He further submits that in the rejection order, it has been acknowledged that the weapon used in the crime was recovered on the basis of the petitioner's confessional statement. He also submits that, as per the report, there were five chargesheeted witnesses, but no prosecution witnesses have been examined so far.

6. It transpires to this Court that the present matter pertains to Patna District. The petitioner has been in custody since 14.10.2023, but not a single prosecution witness has been examined till date.

7. Speedy trial is a constitutional vision of justice. For this reason, the Senior Superintendent of Police, Patna is directed to do the needful so that the SHO/IO concerned shall produce the charge-sheet witnesses before the Trial Court in connection with Sessions Trial No. 242 of 2024 arising out of Khajekala P.S. Case No. 441 of 2023 within six months from the date of production of this order.

8. The Registry is directed to transmit a copy of this

Patna High Court CR. MISC. No.45733 of 2025(3) dt.12-09-2025 3/3 order to the Senior Superintendent of Police, Patna through fax, e-mail or any other mode forthwith. The Registry is further directed to handover a copy of this order to learned A.P.P. who shall communicate this order to the Senior Superintendent of Police, Patna at his level.

9. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected.

(Dr. Anshuman, J.) Aman Kumar/- U T