Patna High CourtCR. MISC./83254/2024dismissed

Dular Kumar v. The State Of Bihar

2025-01-29Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83254 of 2024 Arising Out of PS. Case No.-445 Year-2023 Thana- PARBATTA District- Khagaria ====================================================== Dular Kumar S/O Shri Randhir Kumar @ Randhir Chaudhary Resident of village- Sirajpur, Post- Temtha, P.-S. Parbatta, Distt-Khagaria(Bihar) 851216 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aaruni Singh For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-01-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This is the second attempt of the petitioner for grant of bail. Earlier his application was rejected vide order dated 18.04.2024 passed in Cr. Misc. No. 11126 of 2024. The order dated 18.04.2024 reads as follows:- "Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State as well as learned counsel for the Informant.

2. The petitioner seeks bail in connection with Parbatta P.S. Case No.445/2023 registered for the offence punishable under Sections 302/34/120(b) of the Indian Penal Code and Section 27 of the Arms Act.

3. The petitioner and others are said to have called the deceased from his house and have shot at him and killed him. The deceased has sustained four firearms injury.

4. Learned counsel for the petitioner submits that the deceased has been killed by one of the accused persons whereas materials have come that all the accused have shot at the deceased. The petitioner is in jail since 23.09.2023.

5. In view of the above, this application is dismissed.

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

Patna High Court CR. MISC. No.83254 of 2024(3) dt.29-01-2025 2/2

3. From the report of the trial Judge, it appears that two witnesses have already been examined.

4. This application is dismissed in view of the judgment of the Hon'ble Supreme Court passed in the case of X Vs. State of Rajasthan & Anr. reported in 2024 SCC Online SC 3539.

5. If the trial is delayed by the prosecution, the petitioner may renew his prayer for bail.

(Sandeep Kumar, J) Saif/- U T