Patna High CourtCR. MISC./50085/2025dismissed

Rahul Kumar @ Magnu v. The State Of Bihar

2025-08-01Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50085 of 2025 Arising Out of PS. Case No.-131 Year-2023 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Rahul Kumar @ Magnu S/O Shyam Prakash Poddar @ Shyam Poddar R/O Village-Acchelal Sahni Tola (Achhalal Sahni Tola) Manjhaul, PS-Chria Bariyarpur,(Manjhaul), Distt-Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Randhir Kumar No.1, Advocate For the State :

Ms.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the second attempt on behalf of the petitioner for grant of bail in connection with Cheriyabariyarpur P.S. Case No. 131 of 2023 registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Earlier the bail application of the petitioner has been rejected vide order dated 20.02.2024 passed in Cr. Misc. No. 9666 of 2024, which reads as follows:

Patna High Court CR. MISC. No.50085 of 2025(2) dt.01-08-2025 2/3 "Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Cheria Bariyarpur P.S. Case No. 131 of 2023 registered for the offence punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner and one Darshan Kumar @ Danga are said to have killed the deceased after having liquor with him.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner is in jail since 29.08.2023.

5. Learned APP appearing for the State opposes the prayer for regular bail of the petitioner.

6. Considering the allegation levelled against the petitioner, I am not inclined to grant bail to the petitioner.

7. Accordingly, this application stands dismissed.

8. The Court below is directed to expedite the trial.

9. If the trial is delayed due to the prosecution, the petitioner may renew his prayer for bail."

4. Learned counsel for the petitioner submits that out of ten witnesses only two witnesses have been examined.

5. Considering the gravity of offence, I am not inclined to grant bail to the petitioner.

6. Accordingly, the application stands dismissed.

7. The Superintendent of Police, Begusarai is directed to ensure the attendance of the witnesses in the trial so that the

Patna High Court CR. MISC. No.50085 of 2025(2) dt.01-08-2025 3/3 trial is not delayed.

8. Let a copy of this order be communicated to the Superintendent of Police, Begusarai forthwith through FAX or e-mail for its compliance.

(Sandeep Kumar, J) P. Kumar U T