Patna High CourtCR. MISC./62864/2024dismissed

Sudhir Kumar v. The State Of Bihar

2025-04-11Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62864 of 2024 Arising Out of PS. Case No.-289 Year-2022 Thana- PIPRA District- East Champaran ====================================================== Sudhir Kumar S/o Nathuni Ray @ Nathuni Rai R/o village - Hata @ Hataharpur, P.S. - Chakiya @ Chakia, Dist. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar, Advocate For the State :

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Earlier Mr. Jharkhandi Upadhyay, learned APP for the State has filed a report.

3. This is the second attempt on behalf of the petitioner for grant of bail in connection with Pipra P.S. Case No. 289 of 2022 registered for the offence punishable under Sections 302, 201/34 of the Indian Penal Code.

4. Earlier the bail application of the petitioner has been rejected vide order dated 17.02.2024 passed in Cr. Misc. No. 5869 of 2024, which reads as under:

"Heard learned counsel for the petitioner and learned APP for the State.

2. This application for grant of regular bail arises out of Pipra P.S. Case No. 289 of 2022 registered for the offence punishable under

Patna High Court CR. MISC. No.62864 of 2024(5) dt.11-04-2025 2/2 Sections 302, 201, 34 of the Indian Penal Code.

3. A young boy was killed by unknown criminals.

4. During investigation, one Pankaj Kumar was arrested, who in his self-inculpatory statement has given the graphic details of the crime and the participation of the petitioner in the said crime and on whose statement the murder weapon i.e. knife has also been recovered. During investigation other materials have also come to connect the petitioner with the crime. The petitioner is in custody since 23.11.2023.

5. Considering the brutal killing of the deceased by the accused persons including the petitioner, I am not inclined to grant the petitioner privilege of regular bail.

Accordingly, this bail application is rejected. The trial court is directed to expedite the trial and conclude the same as early as possible."

5. In the trial, out of 18 witnesses, six witnesses have been examined.

6. Considering the fact that the trial has commenced and witnesses are being examined, I am not inclined to grant bail to the petitioner who has participated in the brutal killing of the deceased.

7. Accordingly, the application stands dismissed. (Sandeep Kumar, J) P. Kumar U T