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2025 DAILYLAW 1863 (PAT)

Naika Hansda v. The State of Bihar

CR. MISC./14945/2025 · 2026-04-24

Sandeep Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14945 of 2025 Arising Out of PS. Case No.-65 Year-2003 Thana- KHAIRA District- Jamui ====================================================== Naika Hansda Son of Late Sukar Hansda vill- Dipakarhar Ps- Khaira at Present Ps- Garhia Dist- Jamui ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 4 24-04-2026 The defect with regard to FIR is dispensed with. 2. Heard the learned counsel for the petitioner and learned APP for the State. 3. The petitioner seeks regular bail in connection with Khaira P.S. Case No. 65 of 2003 registered for the offence under Sections 302, 149, 380, 427, 148 of the Indian Penal Code, Section 27 of the Arms Act, Section ¾ of the Explosive Substances Act and Section ¾ of the Prevention of Terrorist Act. 4. The prosecution story, as per the FIR, is that the occurrence took place on 09.08.2003 at 7:30 P.M. The informant returned home from his shop and soon came to know that M.C.C. terrorists had attacked his house. He hid himself under the stairs and witnessed the occurrence. There were approximately 150–200 extremists who had surrounded the Patna High Court CR. MISC. No.14945 of 2025(4) dt.24-04-2026 2/3 house of the Mukhiya and his brothers. Three persons were targeted and were ultimately brutally murdered. The properties were looted, and the houses were destroyed using dynamite. 5. I have considered the submissions of the parties and have gone through the records of the case. The present petitioner is named in the FIR and was identified by the informant. Two members of the informant’s family (his brothers) were brutally killed by having their throats and abdomens cut, and one other person also met the same fate. The petitioner is in custody since 31.10.2023 and is said to have remained absconding for a considerable period. The allegations against the petitioner are serious and grave in nature. There exists prima facie material against the petitioner indicating his involvement in the commission of the offence. 6. Considering the nature and gravity of the allegations, the manner of occurrence, the materials available on record, and the fact that the petitioner is an absconder, this Court is not inclined to grant regular bail to the petitioner. 7. Accordingly, this application for regular bail stands rejected. The trial is directed to be expedited. 8. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of Patna High Court CR. MISC. No.14945 of 2025(4) dt.24-04-2026 3/3 adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner. Shishir/- (Sandeep Kumar, J) U T