Patna High Court
Birju KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court denied bail, holding that the seriousness of the offences and the petitioner’s criminal antecedents preclude the grant of bail.
Summary
The petitioner, Birju Kumar, applied for bail for an alleged offence under Sections 393, 394, 302/34 of the Indian Penal Code and Section 27 of the Arms Act, arising from a case registered in 2022. This was his third bail application after two earlier rejections by the Patna High Court. The prosecution alleged that the petitioner, along with others, intercepted a motorcycle and murdered the deceased, and highlighted his involvement in other serious criminal cases. The learned Senior Counsel for the petitioner argued that all witnesses had been examined, seeking relief. The Court, however, found the nature of the offences and the petitioner’s criminal history to be grave, and consequently dismissed the bail application, directing the trial court to expedite the trial.
Issues considered
- Whether bail should be granted to the petitioner in a case involving murder, robbery, and illegal possession of arms
- Whether the petitioner’s prior criminal record warrants denial of bail
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34, 393, 394
Subjects
- bail
- murder
- robbery
- arms act
- Indian Penal Code
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79502 of 2025
Arising Out of PS. Case No.-172 Year-2022 Thana- DESARI District- Vaishali
======================================================
Birju Kumar S/O Mahesh Sahni Resident of Village Chakanser (Nasir Chak)
P.S.- Patepur, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Ranjan, Advocate
For the State : Mr.Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 09-02-2026 Heard learned Senior counsel for the petitioner and
learned APP for the State.
2. This is the third attempt on behalf of the petitioner
for grant of bail in connection with Desri P.S. Case No. 172 of
2022 registered for the offence punishable under Sections 393,
394 and 302/34 of the Indian Penal Code and Section 27 of the
Arms Act.
3. Earlier the bail applications of the petitioner were
rejected twice vide orders dated 16.05.2023 and 16.02.2024
passed in Cr. Misc. Nos. 6933 of 2023 and 6112 of 2024
respectively.
4. The following order was passed on 16.02.2024 in
Cr. Misc. No. 6112 of 2024, which reads as under:
“Heard learned counsel for the
Patna High Court CR. MISC. No.79502 of 2025(3) dt.09-02-2026
2/2
petitioner and learned APP for the State.
2. This is the second attempt for bail
of the petitioner as earlier such prayer was
rejected by order dated 16.05.2023 in Cr. Misc.
No. 6933 of 2023.
3. The petitioner seeks bail in
connection with Desri P.S. Case No. 172 of
2022 registered for the offence punishable
under Sections 393, 394 and 302/34 of the
Indian Penal Code and Section 27 of the Arms
Act.
4. As per the prosecution case, the
petitioner and other criminals intercepted a
motorcycle and killed the deceased.
5. The petitioner is accused of
similar and serious criminal cases.
6. In these circumstances, I am not
inclined to grant bail to the petitioner.
7. Accordingly, the application
stands dismissed.
8. The trial Court is directed to
expedite the trial.”
5. Learned counsel for the petitioner submits that all
the witnesses have been examined.
6. In these circumstances, this application is
dismissed.
7. The trial Court is directed to conclude the trial at
the earliest.
(Sandeep Kumar, J)
P. Kumar
U T
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