Lushan Singh @ Amit Kumar @ Lushan KumarversusThe State of Bihar

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.83508 of 2025
                        Arising Out of PS. Case No.-166 Year-2021 Thana- AKBARPUR District- Nawada
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                 Lushan Singh @ Amit Kumar @ Lushan Kumar S/o Late Shambhu Singh @
                 Shambhu Sharan Singh R/o Village- Pirauta, P.S- Akbarpur, Dist- Nawada.

                                                                                    ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Arun Kumar, Advocate
                 For the Opposite Party/s :         Mr.Lalan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

3   16-01-2026               Heard the learned counsel for the petitioner and the

                   learned APP for the State.

                   2.        The present petition is by way of third attempt at the

                   behest of the petitioner for grant of regular bail in connection

                   with Akbarpur P.S. Case No. 166 of 2021, registered for the

                   offence punishable under Sections 302/34 of the Indian Penal

                   Code, inasmuch as the earlier petitions filed by the petitioner for

                   grant of bail have all stood dismissed.

                   3.        The case of the prosecution, in brief, is that the son of the

                   informant, namely Niwash Kumar, was working as a cleaner on

                   the truck of one Pramod Singh since the past two months. It is

                   also alleged that on 11.03.2021 at about 04:00 p.m. in the

                   evening, the petitioner herein had taken the son of the informant

                   alongwith him, however when the son of the informant did not
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          return in the night, she had made search for him and on

          12.03.2021, she was informed that her son was lying dead near a

          pole on the road, whereafter she had gone there and had found

          the dead body of her son, who had received injuries on the back

          and wrist of the right hand and over the fingers on the foot.

          4.      The learned counsel for the petitioner submits that the

          petitioner is languishing in custody since 23.08.2022 and the

          only allegation against the petitioner is that he was last seen

          with the deceased. It is further submitted that the petitioner had

          earlier filed a bail petition bearing Criminal Misc. No. 54151 of

          2024 which was though disposed off as not pressed by this

          Court by an order dated 18.10.2024, however upon the learned

          counsel for the petitioner seeking liberty to renew his prayer for

          bail after lapse of one year, this Court had granted the said

          liberty, subject to there being no possibility of conclusion of the

          trial in the near future. Thus, it is submitted since the trial has

          not concluded, the petitioner should be granted bail.

          5.      Per contra, the learned APP for the State has vehemently

          opposed the prayer of the petitioner for grant of bail and has

          submitted that a bare perusal of the earlier order of this Court

          dated 06.02.2023, passed in Criminal Misc. No. 62019 of 2022,

          would show that this Court had in detail considered the case of
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                       the petitioner and then had come to the conclusion that there are

                       ample materials on record to suggest the complicity of the

                       petitioner in the alleged crime.

                       6.      This Court had called for a report from the learned Trial

                       Court vide earlier order dated 28.11.2025 with regard to the

                       present stage of the trial and the time likely to be taken to

                       conclude the same, whereupon the learned Court of Additional

                       District and Sessions Judge-IX, Nawada vide letter dated

                       06.12.2025 has furnished a report wherein it has been stated that

                       out of 14 witnesses, 11 witnesses have already been examined

                       and the trial is likely to be concluded within six months as such

                       this Court finds that the present case is not a case, where there is

                       no possibility of conclusion of the trial in near future.

                       7.      Considering the aforesaid aspect of the matter as also

                       finding that there is no change in circumstance so as to warrant

                       re-consideration of the prayer of the petitioner for grant of

                       regular bail, this Court finds that there is no merit in the present

                       petition, hence the same stands dismissed.


                                                                       (Mohit Kumar Shah, J)
S.Sb/-

U        T