Brajesh Kumar @ Lakhan Rai @ Brajesh Kumar Rai @ Ram Lakhan Rai @ Lakhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18168 of 2025 Arising Out of PS. Case No.-22 Year-2011 Thana- BEUR District- Patna ====================================================== Brajesh Kumar @ Lakhan Rai @ Brajesh Kumar Rai @ Ram Lakhan Rai @ Lakhan S/O Sri Laxmi Rai Resident of Village- Bishunpur Pakri, P.S- Beur, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prem Ranjan Kumar For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-06-2025 Heard the learned counsel for the parties.

2. While making prayer for bail, the learned counsel for the petitioner has submitted that, although the bail petition of the petitioner was rejected, vide order dated 18.07.2024 in Cr.Misc. No. 24744 of 2024, but the petitioner is renewing his prayer for bail on fresh ground of his prolonged custody for four years. Charges were framed in the year 2023, but only one witness has been examined. It has further been submitted that two co-accused persons (brothers of the petitioner) have been granted bail.

3. It appears that the prayer for bail of the petitioner was earlier refused on the ground that he remained absconder and the case lingered for a considerable period of time. He has

Patna High Court CR. MISC. No.18168 of 2025(4) dt.27-06-2025 2/2 remained under custody for four years and only one witness has been examined which shows that the prosecution is not prompt in producing the witnesses. It further appears that the case has not lingered only on account of the abscondence of the petitioner, but also due to non-production of the prosecution witnesses.

4. On the other hand, the learned counsel for the informant has submitted that the trial lingered for a considerable period of time due to abscondence of the petitioner.

5. Considering the above facts and circumstances, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-IV, Patna in Sessions Trial No. 343 of 2013, arising out of Beur P.S.Case No. 22 of 2011, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) HR/- U T