Patna High CourtCR. MISC./79502/2025dismissed

Birju Kumar v. The State Of Bihar

2026-02-09Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79502 of 2025 Arising Out of PS. Case No.-172 Year-2022 Thana- DESARI District- Vaishali ====================================================== Birju Kumar S/O Mahesh Sahni Resident of Village Chakanser (Nasir Chak) P.S.- Patepur, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan, Advocate For the State :

Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-02-2026 Heard learned Senior counsel for the petitioner and learned APP for the State.

2. This is the third attempt on behalf of the petitioner for grant of bail in connection with Desri P.S. Case No. 172 of 2022 registered for the offence punishable under Sections 393, 394 and 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. Earlier the bail applications of the petitioner were rejected twice vide orders dated 16.05.2023 and 16.02.2024 passed in Cr. Misc. Nos. 6933 of 2023 and 6112 of 2024 respectively.

4. The following order was passed on 16.02.2024 in Cr. Misc. No. 6112 of 2024, which reads as under: "Heard learned counsel for the

Patna High Court CR. MISC. No.79502 of 2025(3) dt.09-02-2026 2/2 petitioner and learned APP for the State.

2. This is the second attempt for bail of the petitioner as earlier such prayer was rejected by order dated 16.05.2023 in Cr. Misc. No. 6933 of 2023.

3. The petitioner seeks bail in connection with Desri P.S. Case No. 172 of 2022 registered for the offence punishable under Sections 393, 394 and 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

4. As per the prosecution case, the petitioner and other criminals intercepted a motorcycle and killed the deceased.

5. The petitioner is accused of similar and serious criminal cases.

6. In these circumstances, I am not inclined to grant bail to the petitioner.

7. Accordingly, the application stands dismissed.

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

5. Learned counsel for the petitioner submits that all the witnesses have been examined.

6. In these circumstances, this application is dismissed.

7. The trial Court is directed to conclude the trial at the earliest.

(Sandeep Kumar, J) P. Kumar U T