Patna High CourtCR. MISC./76000/2024dismissed

Dhiraj Kumar v. The State Of Bihar

2025-02-10Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76000 of 2024 Arising Out of PS. Case No.-278 Year-2023 Thana- CHAPRA KACHARI RAIL P.S. DistrictSaran ====================================================== Dhiraj Kumar S/O Late Raj Kumar Ray R/O- Dahiyawa Tola, P.S- Chapra Town, Dist- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anshul, Sr. Advocate Mr. Anuj Kumar For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-02-2025 Heard the learned senior counsel for the petitioner and the learned APP for the State.

2. This is the 2nd attempt of the petitioner. Earlier the bail application of the petitioner was rejected vide order dated 24.04.2024 passed in Cr. Misc. No. 28469 of 2024.

3. The petitioner seeks regular bail in connection with Chapra Kachari Rail P.S. Case No. 278 of 2023 registered for the offence under Sections 302/34 of the Indian Penal Code.

4. The following order was passed on 24.04.2024 in Cr. Misc. No. 28469 of 2024:- Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Chapra Kachahri Rail P.S. Case No. 278 of 2023 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.76000 of 2024(3) dt.10-02-2025 2/2

3. The victim has been killed by unknown criminals who were looting the victim. The victim was stabbed. Two knives have been recovered and one knife has been recovered pursuant to the statement of the petitioner. The petitioner is in jail since 29.12.2023.

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

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

6. Accordingly, this application stands dismissed.

5. It has been submitted by the learned APP for the State that three witnesses have been examined in the trial.

6. Considering the fact that three witnesses have been examined in the trial and also considering the law laid down by the Hon'ble Supreme Court in the case of X vs. State of Rajasthan, 2024 SCC OnLine SC 3539, I am not inclined to grant bail to the petitioner.

7. Accordingly, this application is dismissed. (Sandeep Kumar, J) Shishir/- U T