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2026 DAILYLAW 6924 (PAT)

MITHILESH BHAGAT v. The State of Bihar

CR. MISC./7609/2026 · 2026-04-17

Rajiv Roy

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7609 of 2026 Arising Out of PS. Case No.-23 Year-2024 Thana- SIMRI BAKHTIYARPUR District- Saharsa ====================================================== MITHILESH BHAGAT S/o Manoj Bhagat @ Manoj Kumar Bhagat Resident of village- Raypura, ward no 11, Ps - Simri Bakhtiarpur, District- saharsa ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs. Rashmi Jha, Adv. For the Opposite Party/s : Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 3 17-04-2026 Heard Mrs. Rashmi Jha, learned counsel for the petitioner and Mr. Diwakar Prasad Singh representing the informant besides Mr. Jagdhar Prasad, learned APP. 2. The petitioner is in judicial custody in connection with Simri Bakhtiarpur P.S. Case No. 23 of 2024 for the offences punishable under Sections 379, 341, 324, 307, 504/34 of the Indian Penal Code and Section 27 of Arms Act lodged on 23.01.2024 by the informant, Sachin Kumar. 3. As per the prosecution story, the informant alleged that in the marriage of cousin sister at the house of Om Prakash Bhagat while the ceremony was going, this petitioner along with Rajeev Singh armed with pistol came and after abusing him as to why he conversed with his sister, he opened fire pumping bullet in the right chest followed by another one which hit his head. He was Patna High Court CR. MISC. No.7609 of 2026(3) dt.17-04-2026 2/2 taken to the Surya Hospital, Saharsa for treatment. This led to the FIR. 4. The Trial Court Report was called for, which shows that only the Investigating Officer and the Medical Officer are to be examined. 5. Considering the allegation that has come against the petitioner, no relief can be extended to him. 6. The bail application is accordingly rejected. 7. The Trial Court is directed to ensure that the Investigating Officer and the Medical Officer are examined immediately without fail (if not examined) and further, the trial has to be expedited and taken to its logical conclusion within a period of nine months in view of the fact that the petitioner is in custody since 21.02.2024. 8. Let a copy be sent to the office of the Superintendent of Police, Saharsa so that appropriate steps be taken to ensure the presence of the I.O and the Medical Officer before the Trial Court on the next date of hearing. 9. Office to do the needful. Vijay Singh/- (Rajiv Roy, J) U T