Amitesh Kumar @ Sikari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50759 of 2025 Arising Out of PS. Case No.-132 Year-2022 Thana- BASANTPUR District- Siwan ====================================================== Amitesh Kumar @ Sikari S/O Yogendra Singh Resident of Village- Basawan, PS- Basantpur, District- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjeet Kumar Pandey, Advocate For the Informant :
Mr. Prashant Kumar, Advocate For the Opposite Party/s :
Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-09-2025 Heard Mr. Ranjeet Kumar Pandey, learned counsel for the petitioner, Mr. Prashant Kumar, learned counsel for the Informant and Mr. Tarun Prasad Mandal, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 31.03.2022, in connection with Basantpur P.S. Case No. 132 of 2022, FIR dated 30.03.2022 registered for the offence under Sections 302, 34, 307, 341, 323, 504 of the Indian Penal Code.
3. Earlier the regular bail application of the petitioner has been rejected twice vide order dated 17.03.2023 and 02.02.2024 passed in Cr. Misc. No. 56431 of 2022 and Cr. Misc. No. 85364 of 2023 and twice the regular bail of the petitioner has been withdrawn vide order dated 10.11.2023 and
Patna High Court CR. MISC. No.50759 of 2025(3) dt.18-09-2025 2/3 20.09.2024 passed in Cr. Misc. No. 76102 of 2023 and Cr. Misc. No. 69088 of 2024.
4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in this case. He further submits that the petitioner is rotting in judicial custody since 31.03.2022 and trial is not in progress.
5. Learned counsel for the informant as well as learned A.P.P. for the State, on the other hand, have vehemently opposed the prayer for bail of the petitioner. Learned counsel for the Informant submits that there is direct and specific allegation against the petitioner that he assaulted the deceased by means of Daab.
6. Vide order dated 25.07.2025 a report was called with regard to stage of the trial. Report of the learned Trial Court dated 31.07.2025 reveals that out of six chargesheet witnesses five witnesses have been examined and the case is pending for examination of one prosecution witness, who is the Investigating Officer of this case.
7. Considering the facts and circumstances of the case and allegation against the petitioner in the FIR as well as the report of the trial Court, I am not inclined to enlarge the
Patna High Court CR. MISC. No.50759 of 2025(3) dt.18-09-2025 3/3 petitioner on bail in connection with Basantpur P.S. Case No. 132 of 2022 pending in the Court of ADJ-II, Siwan.
8. Prayer is refused.
9. However the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Suruchi/- U T