Dismissed¶¶21

Ani @ Ani Kumar @ Dhiraj Kumar v. The State of Bihar

Patna HC15 Jul 2025CR. MISC./21066/2025

Case brief

AI extract

What is this about?

Second/renewed bail application rejected; Patna High Court CR. MISC. No.21066 of 2025 dt. 15-07-2025; Justice Rudra Prakash Mishra; S.T. No. 377 of 2024; Patliputra P.S. Case No. 732 of 2023; Sections 302/34 IPC; Section 27 Arms Act; murder by pistol firing; earlier bail rejected 10.04.2024 in Cr. Misc. No. 21344 of 2024; custody since 03.10.2023; charge framed 21.10.2024; two of seven witnesses examined per report dated 29.04.2025; no fresh ground to reconsider; expeditious trial direction; liberty to renew bail if trial not concluded in three months; counsel Ramakant Sharma Sr. Advocate; APP Renu Kumari.

What did the court decide?

Bail refused; Trial Court directed to expedite the trial, with liberty to the petitioner to renew the bail prayer before the Trial Court if the trial is not concluded within three months. ¶¶21

Ani @ Ani Kumar @ Dhiraj Kumar Vs The State of… — Murder and Culpable Homicide | Patna HC (2025)

What the court decided

AI extract

Outcome

Bail refused; Trial Court directed to expedite the trial, with liberty to the petitioner to renew the bail prayer before the Trial Court if the trial is not concluded within three months.

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Issue for consideration

Whether the petitioner, whose earlier bail prayer was rejected on 10.04.2024, should be granted bail in S.T. No. 377 of 2024 (Patliputra P.S. Case No. 732 of 2023) under Sections 302/34 IPC and Section 27 Arms Act, considering his time in custody and the stage of trial.

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Court's answer

The Court found no fresh ground to reconsider the bail question, the matter having already been decided on merit by this Court.

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Ratio / Principle

Taking into account the present stage of trial, the Court declined to grant bail to the petitioner.

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Key takeaways

The Trial Court was directed to expedite the trial.ratio¶¶25
Liberty granted to the petitioner to renew the prayer for grant of bail before the Trial Court if the trial is not concluded within three months.ratio¶¶27

Detailed headnote1 paragraphs

Bail (renewed prayer) - Patna High Court, Cr. Misc. No.21066 of 2025, decided 15-07-2025 by Rudra Prakash Mishra, J. Petitioner Ani @ Ani Kumar @ Dhiraj Kumar sought bail in S.T. No. 377 of 2024 arising out of Patliputra P.S. Case No. 732 of 2023, instituted for offences under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act; the petitioner along with co-accused are said to have fired from their respective pistols upon the husband of the informant, who died during treatment. An earlier bail prayer had been rejected on 10.04.2024 in Cr. Misc. No. 21344 of 2024. Counsel submitted the petitioner was languishing in jail since 03.10.2023 with no significant trial progress. Per the court below's report dated 29.04.2025, charge was framed on 21.10.2024, two of seven prosecution witnesses were examined, and trial was expected to conclude within three months. Finding no fresh ground to reconsider a matter already decided on merit, and weighing the present stage of trial, the Court rejected the bail prayer, directed the Trial Court to expedite the trial, and granted liberty to renew the bail prayer before the Trial Court if the trial was not concluded within three months.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21066 of 2025

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Arising Out of PS. Case No.-732 Year-2023 Thana- PATLIPUTRA District- Patna

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======================================================

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Ani @ Ani Kumar @ Dhiraj Kumar S/o Shivnath Gop R/o vill - Shivdeshwar Nagar, Mainpura, Rajapur, P.S.- Patliputra, Distt.- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ramakant Sharma, Sr. Advocate : Mr. Ravi Ranjan Kumar, Advocate For the Opposite Party/s : Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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3 15-07-2025

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Heard Mr. Ramakant Sharma, learned senior counsel

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for the petitioner and Mrs. Renu Kumari, learned APP for the State.

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The petitioner seeks bail in connection with S.T. No. 377 of 2024 arising out of Patliputra P.S. Case No. 732 of 2023 instituted for the offences under Sections 302/34 of the Indian Penal Code and 27 of the Arms Act.

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Earlier vide order dated 10.04.2024 passed in Cr. Misc. No. 21344 of 2024, the prayer for grant of bail to the petitioner was rejected.

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Petitioner along with co-accused person are said to have fired from their respective pistol upon the husband of the informant who died during course of treatment.

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Patna High Court CR. MISC. No.21066 of 2025(3) dt.15-07-2025 2/3

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Learned counsel for the petitioner mainly submitted that the petitioner has been languishing in jail since 03.10.2023 and there is no significant progress in the trial. Learned counsel further submitted that trial is going on but there is no likelihood of conclusion of trial in near future and the petitioner and petitioner has completed more than 17 months in custody and therefore, petitioner may be released on bail. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent.

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Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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As per the report dated 29.04.2025 sent by the learned court below, case is pending for examination of prosecution witnesses and charge has been framed on 21.10.2024. It is further reported that out of seven witnesses, two witnesses have been examined and trial is likely to be concluded in the next three months.

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Having considered the submissions made on behalf of the parties, this Court finds no fresh ground to reconsider the matter which has already been decided on merit by this Court. Taking into account the present stage of trial, this Court is not inclined to grant bail to the petitioner.

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Patna High Court CR. MISC. No.21066 of 2025(3) dt.15-07-2025 3/3

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Accordingly, the prayer for grant of bail to the

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petitioner is, hereby, rejected.

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Learned Trial Court is directed to expedite the

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trial.

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However, liberty is granted to the petitioner to renew the prayer for grant of bail before the Trial Court if the trial is not concluded within a period of three months from today.

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(Rudra Prakash Mishra, J)

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Alok Verma/-

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U T

Ani @ Ani Kumar @ Dhiraj Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ani @ Ani Kumar @ Dhiraj Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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