Raju Kumar @ Raju Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87268 of 2024 Arising Out of PS. Case No.-607 Year-2022 Thana- ARA NAWADA District- Bhojpur ====================================================== Raju Kumar @ Raju Mishra S/o- Late Dhanu Sah @ Dhanu Saw @ Dhannu Sah R/O- Abhaypura PS- Sandesh District- Bhojpur at Ara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar For the Opposite Party/s :

Mr. Ram Sumiran Rai For the informant :

Mr. Ashok Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 08-01-2025 Heard the learned counsel for the petitioner, learned APP for the State and learned counsel for the O.P. No. 02.

2. This is the 2nd attempt of the petitioner. Earlier the bail application of the petitioner was rejected vide order dated 11.10.2023 passed in Cr. Misc. No. 50649 of 2023.

3. The petitioner seeks regular bail in a case registered for the offence under Sections 302 and 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

4. The following order was passed on 11.10.2023 in Cr. Misc. No. 50649 of 2023 :- Heard Mr. Pushkar Narain Shahi, learned senior Advocate for the petitioner; Mr. Chand Sen Prasad Singh, learned APP for the State and Mr. N.A. Shamsi, for the informant.

2. The petitioner seeks bail in connection with Ara Nawada P.S. Case No. 607 of 2022

Patna High Court CR. MISC. No.87268 of 2024(2) dt.08-01-2025 2/3 registered for the offence punishable under Sections 302 and 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. The F.I.R. was registered against unknown by the father of the deceased whose son was killed by unknown criminals..

4 Learned counsel for the petitioner submits that he has two criminal antecedents and he is in custody since 09.08.2022. He has further submitted that petitioner's name is not named in the FIR and he has been falsely implicated in this case.

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

6. During investigation it has come that the deceased was killed at the instance of one Dinkar who was having some relationship with the wife of the deceased. He had hired two criminals i.e., the petitioner and one Golu Kumar. During investigation, it has come that the petitioner who is a hired criminal along with Golu Kumar were to be paid Rs. 1,15,000/- for killing the deceased. The petitioner's image has been captured in the CCTV while fleeing away towards Patna.

7. Considering the facts that the petitioner involvement has come during investigation as having killed the deceased, I am not inclined to grant bail to the petitioner.

8. Accordingly, the application stands dismissed.

9. Since, the chargesheet has been submitted, the Court below is directed to conclude the trial at the earliest. Other accused persons who are already on bail will co-operate in the trial.

5. The trial has also started. Out of eight chargesheeted witnesses, four witnesses have already been examined.

6. The learned counsel for the informant has submitted that two witnesses have died and therefore, now only two official witnesses are remained to be examined.

7. Since the trial is on the verge of completion and

Patna High Court CR. MISC. No.87268 of 2024(2) dt.08-01-2025 3/3 also considering the serious allegations levelled against the petitioner, this application for regular bail is again rejected. (Sandeep Kumar, J) Shishir/- U T