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Patna High CourtCR. MISC./1360/2026dismissed

Bikash Kumar @ Vikash Kumar v. The State Of Bihar

2026-02-12Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1360 of 2026 In CRIMINAL MISCELLANEOUS No.18811 of 2025 Arising Out of PS. Case No.-274 Year-2023 Thana- NAUTAN District- West Champaran ====================================================== Bikash Kumar @ Vikash Kumar S/O Pannalal Ram Resident of Village - Dhum Nagar, Noniarwan Tola, Police Station- Nautan, Dist- West Champaran ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Shiv Sager Sharma, Advocate For the State :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 12-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

This is the third attempt on behalf of the petitioner for grant of regular bail in connection with Nautan P.S. Case No.274 of 2023 registered for the offence under sections 307, 302/34 of the Indian Penal Code. 3.

Earlier, the bail applications of the petitioner were rejected by this Court vide orders dated 14.03.2024 and 12.05.2025 passed in Criminal Miscellaneous Nos.18456 of 2024 and 18811 of 2025. The order dated 12.05.2025, by which the bail application of the petitioner was rejected for the second time reads as under:- "Heard the learned counsel for the petitioner and the learned APP for the State.

Patna High Court CR. MISC. No.1360 of 2026(2) dt.12-02-2026 2/3

2. This is the 2nd attempt of the petitioner. Earlier the bail application of the petitioner was rejected by a co-ordinate Bench of this Court vide order dated 14.03.2024 passed in Cr. Misc. No. 18456 of 2024.

3. The petitioner seeks regular bail in a case registered for the offence under Sections 307, 302/34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner is said to have assaulted the informant and his son as a result of which the son of the informant died during the course of treatment.

5. In the trial, the charge has been framed on 04.04.2025. The petitioner is in custody since 07.07.2023.

6. Since the petitioner is the assailant of the deceased, I am not inclined to grant bail to the petitioner. Accordingly, this application for regular bail is hereby rejected.

7. The court below is directed to expedite the trial of the petitioner.

8. The Superintendent of Police, West Champaran is directed to ensure the attendance of the witnesses in the trial.

9. Let a copy of this order be communicated to the Superintendent of Police, West Champaran through FAX for its compliance forthwith."

4.

It has been submitted by learned counsel for the petitioners that out of seven witnesses, two witnesses have been examined in the trial.

Patna High Court CR. MISC. No.1360 of 2026(2) dt.12-02-2026 3/3 5.

Considering the fact that the trial is proceeding and also the law laid down down by the Hon'ble Supreme Court in the case of X vs. State of Rajasthan & Anr. reported as 2024 SCC OnLine SC 3539, I am not inclined to review my earlier order. Accordingly, this bail application is dismissed.

(Sandeep Kumar, J) pawan/- U T