Manish Rai @ Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8000 of 2025 Arising Out of PS. Case No.-294 Year-2023 Thana- KALYANPUR District- East Champaran ====================================================== Manish Rai @ Manish Kumar S/o- Bhola Patel Resident of VillageBishunpura PS- Kesariya, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saurabh Kumar, Advocate For the Opposite Party/s :
Mr. Umesh Lal Verma, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-05-2025 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Kalyanpur P.S. Case No. 294 of 2023 lodged on 21.08.2023, for the offence punishable under Sections 399, 402, 467, 468, 471 & 120(B) of the Indian Penal Code read with sections 25(1-B)a, 26 & 35 of the Arms Act.
3. Learned Counsel for the petitioner submits that the bail application of the petitioner has earlier been rejected vide order dated 08.05.2024 passed in Cr. Misc. No. 19499 of 2024 with specific direction to the Trial Court to expedite the trial and preferably concluded the same within six months and petitioner was at liberty to renew his prayer for bail if the same shall not be concluded within the said period. Counsel submits that
Patna High Court CR. MISC. No.8000 of 2025(3) dt.02-05-2025 2/3 petitioner is in custody since 21.08.2023 and even after completion of six months from the rejection order i.e. 08.05.2024, trial has not been concluded, therefore, petitioner be released on bail. Counsel submits that on previous occasion, report with regard to the present stage of trial has been called for.
4. Learned APP for the State opposes the prayer for bail of the petitioner and submits that on earlier occasion, report with regard to the present stage of the trial has been called for and from the said report, it transpires that charge in this case was framed on 01.04.2024 and the case was running for prosecution evidence, but on 12.12.2024, the bail bonds of two accused persons namely, Golu Kumar and Manu Kushwaha were cancelled and non-bailable warrant were issued against them. Since then, the case is at appearance stage for the above mentioned accused persons and it is due to this reason, trial could not be concluded.
5. It transpires to this Court that the said accused person namely, Golu Kumar and the present petitioner are resident of same village and both are sons of Bhola Patel. It further transpires to this court that one brother has intentionally absconded so that trial could not be concluded.
Patna High Court CR. MISC. No.8000 of 2025(3) dt.02-05-2025 3/3
6. In this view of the matter, this Court is not inclined to grant regular bail to the petitioner. Accordingly, the prayer for regular bail of the petitioner is hereby rejected. (Dr. Anshuman, J) Divyansh/- U T