Patna High Court – Orders
Markandey Rai @ Markandey Rai Sharma vs The State Of Bihar Through The Home … on 24 July, 2025
Author: Sandeep Kumar
Bench: Sandeep Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1339 of 2025
Arising Out of PS. Case No.-268 Year-2021 Thana- GOPALPUR District- Gopalganj
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1. MARKANDEY RAI @ MARKANDEY RAI SHARMA S/o Late Pahwari
Rai Resident of Village- Ahirauli Dubauli, Police Station- Gopalpur,
District- Gopalganj, Bihar
2. Mrityunjay Kumar Rai @ Punna Rai @ Tunnu Rai S/o Birendra Kumar Rai
R/o vill - Ahirauli Dubauli, P.s.- Gopalpur, Distt.- Gopalganj, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar through the Home Secretary, Govt. of Bihar, Patna
BIHAR
2. The Director General of Police, Bihar, Patna
3. The Senior Superintendent of Police, Gopalganj Bihar
4. The Officer-in-Charge, Gopalpur P.S. Gopalganj Bihar
5. Investigating Officer of Gopalpur P.s. Case No. 268 of 2021, P.s.- Gopalpur,
Distt.- Gopalganj Bihar
6. Aseraj Ram S/o Late Rama Ram R/o vill - Ahirauli Dubauli, P.S.- Gopalpur,
Distt.- Gopalganj
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rahul Kumar Dubey, Advocate
For the State : Mr. S.C.16
For the respondent no.6 : Mr. Shubhesh Pandey, Advocate
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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-07-2025
Heard learned counsel for the petitioners, learned
counsel for the State and learned counsel for the respondent
no.6.
2. This application has been filed for seeking
following relief:
(I) For issuance of appropriate writ/
writs, order /orders, direction/directions
to the respondent authorities particularly
the respondent no. 3 to direct the
Patna High Court CR. WJC No.1339 of 2025(2) dt.24-07-2025
2/3respondent no. 5 to send the video
footage and still photography presented
by the petitioners to the Forensic Science
Laboratory for verification of its
genuineness as on that basis Final form
has been submitted against both the
petitioners and further to stay the
proceeding initiated against these
petitioners by order dated 23.11.2024
passed by the learned Additional
Sessions Judge- III, Gopalganj in Session
Trial No. 753 of 2023 whereby and
whereunder the learned Court while
exercising his powers under Section 358
of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (“BNSS”) ordered to
summon the present petitioners along
with 5 other accused persons in
Gopalpur P.S. Case No. 268 of 2021 to
join the trial for the offences under
sections 147, 148, 149, 323, 324, 302,
307, 448, 354(B), 504 and 506 of the
Indian Penal Code, 1860 while their
accusation is still under consideration
before this Hon’ble Court in Cr.Rev.No.
792 of 2023.
3. This application is disposed of with liberty to the
petitioner to file an appropriate application under Section 311 of
Cr.P.C./Section 348 of B.N.S.S. at an appropriate stage in the
pending trial and if, such an application is filed, the same shall
be considered and disposed of by the Court below in accordance
with law.
4. Since the petitioners have been summoned to
appear in the trial under Section 319 of Cr.P.C./Section 358 of
Patna High Court CR. WJC No.1339 of 2025(2) dt.24-07-2025
3/3
B.N.S.S. and the learned counsel for the petitioners submits that
the petitioners are ready to face the trial and co-operate in the
trial, as such on the first appearance of the petitioners in the
Trial Court, they shall be released on bail on furnishing bail
bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of concerned Court Below
in connection with Gopalpur P.S. Case No.268 of 2021.
(Sandeep Kumar, J)
anand/-
U T
