Dinanath Bhagat @ Dinwa @ Dinma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44093 of 2025 Arising Out of PS. Case No.-107 Year-2019 Thana- KANHAULI District- Sitamarhi ====================================================== Dinanath Bhagat @ Dinwa @ Dinma S/o Late Bechan Bhagat R/o VillageBishunpur Adhar, PS- Kanhauli, Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar, Advocate For the State :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-09-2025 Heard Mr. Hans Lal Kumar, learned counsel for the petitioner and Mr. Sanjay Kumar Tiwary, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 12.03.2022 in connection with Session Trial No. 96 of 2023 arising out of Kanhauli P.S. Case No. 107 of 2019, F.I.R. dated 20.09.2019 for the offences punishable under Sections 302/34 of the IPC and Section 27 of the Arms Act.

3. According to prosecution case, all the FIR named accused persons including the petitioner herein as also 2-3 unknown persons are said to have fired and killed the son of the informant.

4. Earlier, the prayer for bail of the petitioner was rejected by the co-ordinate Bench of this Court vide order dated

Patna High Court CR. MISC. No.44093 of 2025(3) dt.10-09-2025 2/3 20.02.2020 passed in Cr. Misc. No. 86465 of 2019. Thereafter the petitioner preferred Special Leave to Appeal (Criminal) No. 5779 of 2020, but the same was also dismissed on 27.11.2020. Thereafter, the petitioner again moved before this Court for grant of regular bail in Cr. Misc. No. 30149 of 2022, but the same got dismissed vide order dated 11.01.2023. The petitioner again approached before this Court in Cr. Misc. No. 11924 of 2024 but the same got dismissed vide order dated 03.04.2024.

5. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present. He further submits that the petitioner is in custody since 12.03.2022 and the trial has not been concluded as yet.

6. Vide order dated 07.07.2025, a report was called for with regard to the present stage of trial. Report of the learned Trial Court dated 16.07.2025 reveals that charge has been framed on 15.05.2023 and all the witnesses have been examined and the case is pending at the stage of argument.

7. The learned APP for the State has vehemently opposed the prayer for bail of the petitioner.

8. Considering the report of the learned Trial Court as well as nature of allegation as alleged in the FIR, I am not inclined to enlarge the petitioner on bail in connection with

Patna High Court CR. MISC. No.44093 of 2025(3) dt.10-09-2025 3/3 Session Trial No. 96 of 2023 arising out of Kanhauli P.S. Case No. 107 of 2019 pending in the court of learned Additional Sessions Judge-XV, Sitamarhi.

9. Prayer is refused.

10. However, learned Trial Court is directed to expedite and conclude the trial at the earliest.

(Rajesh Kumar Verma, J) priyanka/- U T