Sujit Kumar @ Sujit Kumar Yadav Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42648 of 2025

Arising Out of PS. Case No.-115 Year-2022 Thana- NAUHATTA District- Saharsa

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Sujit Kumar @ Sujit Kumar Yadav S/o Late suresh yadav Resident of VillageChandrayan, Ward No 12, P.S.- Nauhatta, District- Saharsa

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... ... Petitioner

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Versus

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The State of Bihar Bihar

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... ... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Rashmi Jha, Adv For the Opposite Party : Mr. Chandra Sen Prasad Singh, A.P.P For the O.P. No. 2 : Mr. Binod Murari Mishra, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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5 01-11-2025

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Heard learned counsel for the petitioner, learned

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counsel for the informant and learned A.P.P for the State.

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2. The petitioner has preferred this application for

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grant of regular bail in connection with S.T. No. 18/2023 arising out of Nauhatta P.S. Case No. 115/2022 dated 04.06.2022 registered for the offences punishable u/ss 147, 148, 149, 341, 323, 324, 307, 302, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

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3. As per the prosecution case, the informant alleged that on 03.06.2022, the petitioner and the co-accused persons came and started assaulting her husband, brother-in-law and her son. During course of this incident, the petitioner assaulted the informant’s husband with sharp edged weapon due to which he

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Patna High Court CR. MISC. No.42648 of 2025(5) dt.01-11-2025 2/3

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died on the spot. Thereafter, the accused persons including the petitioner came to the house of the informant and assaulted her father-in-law who also died during the course of treatment.

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4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case on account of land dispute. Nothing has been recovered from the conscious possession of the petitioner. There is a case and counter case between the parties. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.07.2022.

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5. Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the bail petition of the petitioner by submitting that the specific allegation of assaulting the informant’s husband with sharp edged weapon is against the petitioner due to which the informant’s husband died. Postmortem report of the deceased Ramsagar Yadav also supported the prosecution. Earlier the regular bail of the petitioner was rejected by the co-ordinate bench of this court vide order dated 03.07.2023 and 02.05.2024 passed in Cr. Misc. No. 66076 of 2022 and 21751 of 2024 respectively. It is a case of double murder.

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6. Considering the aforesaid facts and circumstances

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Patna High Court CR. MISC. No.42648 of 2025(5) dt.01-11-2025 3/3

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of the case as well as the specific and heinous nature of allegation against the petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with S.T. No. 18/2023 arising out of Nauhatta P.S. Case No. 115/2022 pending in the court of learned Additional District Judge-IV, Saharsa.

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7. This application is rejected and the learned court below is directed to conclude the trial of the petitioner at the earliest.

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(Chandra Prakash Singh, J)

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atul/-

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U T

Sujit Kumar @ Sujit Kumar Yadav v. The State of Bihar

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Sujit Kumar @ Sujit Kumar Yadav v. The State of Bihar

Case brief

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