Birendra Kumar Singh @ Birendra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61389 of 2025 Arising Out of PS. Case No.-180 Year-2025 Thana- RAJPUR District- Buxar ====================================================== Sandip Kumar S/o Birendra Singh @ Birendra R/o Village- Ahiyapur, P.S.- Rajpur, District- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 67617 of 2025 Arising Out of PS. Case No.-180 Year-2025 Thana- RAJPUR District- Buxar ====================================================== Birendra Kumar Singh @ Birendra S/o Jag Narayan Singh R/o Village - Ahiyapur, P.S - Rajpur, District - Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 61389 of 2025) For the Petitioner/s :
Mr. Vindhyachal Keshari, Sr. Advocate Mr. Neeraj Kumar Alias Sanidh, Advocate For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh, A.P.P.
For the Informant :
Mr. Priya Ranjan, Mr. Robin Kumar, Advocates (In CRIMINAL MISCELLANEOUS No. 67617 of 2025) For the Petitioner/s :
Mr. Vindhyachal Keshari, Sr. Advocate Mr. Neeraj Kumar Alias Sanidh, Advocate For the Opposite Party/s :
Mr. Aditya Narayan Singh.1, A.P.P.
For the Informant :
Mr. Priya Ranjan, Mr. Robin Kumar, Advocates ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-11-2025 Both the above mentioned cases are being disposed of by a common order.
2. Heard learned counsel for the petitioners, informant and learned A.P.P. for the State.
3. Petitioners seek regular bail in connection with
Patna High Court CR. MISC. No.61389 of 2025(3) dt.21-11-2025 2/3 Rajpur P.S. Case No. 180 of 2025 registered for the offence punishable under Sections 191(2), 191(3), 90, 126(2), 115(2), 118(2), 109, 103(1), 61(2) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
4. Prosecution case, in brief, is that on 24.05.2025 at about 5 AM, these petitioners along with other F.I.R. named accused persons and 2-3 unknown persons came on two vehicles with rifle, pistol and fired on Sunil Singh, Vinod Singh, Virendra Singh, Pujan Singh and Mantu Singh due to which Sunil Singh, Vinod Singh and Virendra Singh died on the spot. It is further alleged that two persons sustained injuries and were referred to trauma center.
5. Learned counsel for the petitioners submits that though petitioners are named in the F.I.R. but no specific role has been attributed to them. During investigation, in paragraph no. 63 of the case diary, video footage of the place of occurrence does not show that these petitioners were present on the spot. Petitioners are in custody since 20.06.2025.
6. Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the bail application and submitted that 19 named criminals including these petitioners and some unknown persons committed three
Patna High Court CR. MISC. No.61389 of 2025(3) dt.21-11-2025 3/3 murders. In such scenario, it is very difficult to assign specific role to each and every accused. It is further submitted that regular bail of similarly situated co-accused persons have already been rejected by this Bench as well as co-ordinate Bench of this Court vide orders dated 14.11.2025 and 13.10.2025 passed in Cr. Misc. No. 75363 of 2025 and Cr. Misc. No. 71366 of 2025, respectively.
7. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioners is rejected.
8. However, since petitioners are in custody since 20.06.2025, Trial Court is directed to expedite and conclude the trial within a period of one year from the date of receipt/production of copy of this order.
9. If trial is not concluded within the stipulated time, petitioners would be at liberty to renew their prayer for bail. (Prabhat Kumar Singh, J) Navya/- U T