IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.77244 of 2025 Arising Out of PS. Case No.-28 Year-2025 Thana- GARKHA District- Saran ======================================================

Gulshan Kumar Singh @ Gulshan Kumar Son of Shri Raju Singh R/o Village- Maiki, P.S.- Garkha, District- Saran (Chapra)

... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr. Dilip Kumar, Advocate For the State : Mr. Jharkhandi Upadhyay, APP For the Informant : Mr. Ajit Kumar Singh, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER

3 06-02-2026 Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the informant. Perused the case diary.

2. The petitioner seeks bail in connection with Garkha P.S. Case No. 28 of 2025, instituted for the offences punishable under Sections 191(2), 191(3), 126(2), 118(1), 103(1), 352, 351(2) & 351(3) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that the petitioner along with other co-accused persons stabbed brother of the informant, leading to his death.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. There is delay of two days in lodging the FIR. It is further submitted that specific allegation of stabbing is allegedly against the petitioner. The petitioner is in custody since 24.06.2025 and has got two criminal antecedents. Other co-accused has been granted bail by this Court vide order dated 30.07.2025, passed in Cr. Misc. No.

26390 of 2025.

5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that there is direct allegation of stabbing against the petitioner and as per postmortem report, cause of death is hemorrhage and shock due to stab injury in chest caused by sharp object.

6. Considering the aforesaid facts and circumstances of the case and taking into account the fact that there is direct allegation against the petitioner of giving knife blow to the informant, which is corroborated by the postmortem report, this Court is not inclined to grant bail to the petitioner. Prayer for grant of bail is hereby rejected

7. The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and unnecessary adjournments.

(Rudra Prakash Mishra, J)

Raj Kishore/-

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