Patna High CourtCR. MISC./6801/2025bail granted

Rambabu Rai v. The State Of Bihar

2025-01-31Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6801 of 2025 Arising Out of PS. Case No.-252 Year-2023 Thana- BHAGWANPUR District- Vaishali ====================================================== Rambabu Rai, Son of Late Rajdeo Rai Resident of Village- Bangri, P.S.- Kanti, District- Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anish Kumar, Advocate For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 31-01-2025

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Bhagwanpur P.S. Case No. 252 of 2023 dated 19.10.2023 registered for the offence punishable under Section 395 of the Indian Penal Code.

3. Mr. Anish Kumar, learned counsel for the petitioner submits that this is the second attempt of the petitioner to get the relief of regular bail as his earlier bail prayer was rejected by this bench vide order dated 28.06.2024 passed in Cr. Misc. No. 22247 of 2024 preferred by this petitioner and he was given a liberty to renew his bail prayer after six months from the date of that order, if no significant progress is made in his trial and in view of this liberty, the petitioner has again come before this

Patna High Court CR. MISC. No.6801 of 2025(2) dt.31-01-2025 2/3 court. It is further submitted that the petitioner has been languishing in jail since 08.11.2023 and charges were framed upon him on 06.05.2024 but thereafter, no prosecution witness has turned up till date and during the last six months, no progress has been made in the trial. It is further submitted that co-accused persons Vikash Kumar, Vishwajeet Pratap Singh, Arvind Sahni and Chandan Kumar have been granted the relief of bail by this court though, against the petitioner there are criminal antecedents of 11 cases, out of which he has been acquitted in two cases and in rest of the cases, he is on bail and the petitioner has been implicated due to political rivalry.

4. Mr. Satyendra Prasad, learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Heard both the sides and perused the relevant materials. Though, the instant matter relates to serious offences but considering the prosecution's lingering attitude as pointed out by the petitioner's counsel, in producing the witnesses before the trial court and in the last six months period, no prosecution witness has turned up in the trial of the petitioner despite the charges having been framed upon him on 06.05.2024 and he has been languishing in jail since 08.11.2023 and some of the co-accused persons are on bail, in my opinion, in the said

Patna High Court CR. MISC. No.6801 of 2025(2) dt.31-01-2025 3/3 circumstances, the petitioner now deserves to the privilege of bail. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs.20,000/-(Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Bhagwanpur P.S. Case No. 252 of 2023.

(Shailendra Singh, J) Rajiv/- U T