Krishna Kumar Sah @ Krishna Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46588 of 2025 Arising Out of PS. Case No.-73 Year-2023 Thana- KHUTAUNA District- Madhubani ====================================================== Krishna Kumar Sah @ Krishna Sah S/o- Vijay Kumar Sah @ Bijay Sahu @ Vijay Sah Village- Kallapatti, Barhi, Ps- Phulparas, Dist- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Kumar Bharti, Adv For the Opposite Party/s :
Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Khutauna P.S Case No. 73 of 2023 registered for the offences punishable under Sections 394 of the Indian Penal Code.
3. As per allegation in the FIR, miscreants assaulted the informant by means of lathi danda and looted the computer, laptop etc. and also Rs. 10,000/-.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that this is second bail application of the petitioner. Earlier the bail application of the petitioner was rejected vide order dated 18.01.2025 in Cr. Misc. No. 66591 of 2024 with the
Patna High Court CR. MISC. No.46588 of 2025(3) dt.22-08-2025 2/3 observation that petitioner may renew his prayer for bail after completion of one year in custody. He further submits that petitioner is in custody since 20.06.2024 having clean antecedent. He further submits that one year has already been lapsed and petitioner has again renewed his prayer for bail. He further submits that other co-accused persons has already been granted bail by the co-ordinate Bench of this Court vide Cr. Misc. No. 75852 of 2023, 85133 of 2023, 59797 of 2024.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of report sent by the ACJM-II, Madhubani, it appears that charge sheet has been submitted under Section 395 and 412 of the IPC against the petitioner and Non Bailable Warrant has been issued against absent accused persons. Since section 395 IPC is exclusively triable by Learned Court os Sessions, hence record of petitioner (Krishna Kumar Sah) is separated. and it is for supply of police paper and commitment to the learned Court of Sessions on 29.07.2025.
7. On perusal of the FIR, Report sent by trial Court and impugned order dated 18.01.2025, it appears that no progress has been done in the case of the petitioner since one year has lapsed and considering that fact that other co-accused
Patna High Court CR. MISC. No.46588 of 2025(3) dt.22-08-2025 3/3 persons has been granted bail by the co-ordinate Bench of this Court, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Jhanjharpur, Madhubani in connection with Khutauna P.S. Case No. 73 of 2023 (Ramesh Chand Malviya, J) Sunnykr/- U