Patna High Court
Anjani Kumar @ BobbyversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court refused to grant bail to the petitioner.
Summary
Anjani Kumar, arrested on 27‑11‑2023, is charged under IPC Sections 307, 302 and 34 and Section 27 of the Arms Act for allegedly firing at the father of an informant, resulting in his death. His earlier bail application was rejected in 2024 and a Special Leave Petition to the Apex Court was dismissed. He renewed his bail plea, arguing prolonged custody and that the trial had not progressed. The State opposed, citing the deceased’s dying statement implicating the petitioner. The trial court report showed that seven of ten prosecution witnesses had been examined, with the trial still pending. The High Court, considering the seriousness of the offences and the stage of the trial, refused bail and directed the trial court to expedite the proceedings.
Issues considered
- Whether bail should be granted to an accused charged with murder, attempt to murder, common intention and unlawful use of arms when the trial is ongoing.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 307, 34
Subjects
- bail
- murder
- attempt to murder
- common intention
- Arms Act
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31828 of 2026
Arising Out of PS. Case No.-188 Year-2023 Thana- DHARHARA District- Munger
======================================================
Anjani Kumar @ Bobby S/o Late Ram Lakhan Prasad Singh @ Late Ram
Lakhan Singh @ Late Ram Lakhan Mahto @ Late Lekha Mahto R/o Village -
Baha Chowki. Police Station - Hemjapur Dharhara, District - Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Y.V. Giri, Sr. Advocate
Mr. Ashok Kumar Karna, Advocate
For the Opposite Party/s : Mr. Dr. Mrityunjaya Kr. Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 08-07-2026 Heard Mr. Y.V. Giri, learned Senior counsel for the
petitioner and Mr. Dr. Mrityunjaya Kr. Gautam, learned APP for
the State.
2. Petitioner seeks bail, who is in custody since
27.11.2023, in connection with Dharhara Hemjapur P.S. Case
No. 188 of 2023, F.I.R. dated 05.09.2023 registered for the
offences punishable under Sections 307/302/34 of the Indian
Penal Code and Section 27 of the Arms Act.
3. Allegation against the petitioner is that he along
with other co-accused persons fired upon the father of the
informant due to which the father of the informant admitted to
Hospital and later on he died.
4. Earlier the bail application of the petitioner was
Patna High Court CR. MISC. No.31828 of 2026(3) dt.08-07-2026
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rejected vide order dated 11.07.2024 passed in Cr. Misc. No.
26015 of 2024 and thereafter the petitioner has approached
before the Hon’ble Apex Court in Special Leave to Appeal (Crl)
No. 12332 of 2024 but the same was dismissed vide order dated
12.09.2024.
5. Learned Senior counsel for the petitioner has
renewed his prayer for bail on the ground that the petitioner is in
custody since 27.11.2023 and the trial is not in progress.
6. Learned APP for the State, on the other hand,
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner is named in the F.I.R. and apart from
that the statement of the deceased which was recorded in
paragraph-32 of the case diary before dying, he clearly stated
that the petitioner has fired upon him.
7. Vide order dated 07.05.2026, a report was called
for with regard to the stage of the trial. The report dated
23.05.2026 of the learned Trial Court reveals that out of ten
chargesheeted witnesses, seven prosecution witnesses have
already been examined and case is pending for rest prosecution
witness.
8. Considering the nature of allegation as alleged in
the F.I.R. as well as in view of the report of the learned Trial
Patna High Court CR. MISC. No.31828 of 2026(3) dt.08-07-2026
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Court, I am not inclined to enlarge the petitioner on bail in
connection with Dharhara Hemjapur Case No. 188 of 2023
pending in the Court of learned Sessions Judge-IV, Munger.
9. Prayer is refused.
10. However, the learned Trial Court is directed to
expedite the trial and conclude the same at the earliest.
(Rajesh Kumar Verma, J)
Ibrar//-
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