Patna High CourtCR. MISC./20912/2025bail rejected

Manish Kumar v. The State Of Bihar

2025-04-04Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20912 of 2025 Arising Out of PS. Case No.-70 Year-2022 Thana- VAISHALI District- Vaishali ====================================================== Manish Kumar Son of Harivansh Singh @ HariVansh Patel village- Madarna, Ps and Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tej Maharaj, Adv.

For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the second attempt of the petitioner for bail. The petitioner has earlier moved before this Court with a prayer for bail which was rejected vide order dated 13.03.2024 passed in Cr. Misc. No. 72153 of 2023.

3. The petitioner seeks bail in connection with S. Tr. No. 747 of 2022 arising out of Vaishali P.S. Case No. 70 of 2022 instituted for the offences under Sections 302, 120B/34 of the I.P.C.

4. As per prosecution case, one Manish Kumar (petitioner) called Ramadhar Singh, Nandosi of the Informant, for exorcism. At his request, Ramadhar Singh (deceased) went

Patna High Court CR. MISC. No.20912 of 2025(2) dt.04-04-2025 2/3 with him. On the next day, his dead-body was found near a well.

5. The petitioner has renewed his prayer for grant of regular bail which was earlier rejected by this Court on merit vide order dated 13.03.2024 passed in Cr. Misc. No. 72153 of 2023, observing that if the trial is not concluded within the period of nine months, the petitioner will be at liberty to renew his prayer for bail before the court below which will be disposed of on its merit without being prejudiced by this order.

6. Learned counsel for the petitioner submits that the petitioner is under custody since 06.05.2022, charge-sheet has been submitted and charge has also been framed on 02.02.2023 and out of the 14 charge-sheet witnesses, the prosecution has adduced four witnesses. Learned counsel for the petitioner further submits that the two co-accused persons have already been granted bail by a Co-ordinate Bench of this Court vide order dated 26.04.2023 passed in Cr. Misc. No. 74647 of 2022.

7. This Court, on perusal of the impugned order dated 13.01.2025, finds that out of 14 charge-sheet witnesses, the prosecution has adduced 04 witnesses till now out of whom, P.W.1 is the doctor, P.W.2 is the son of the deceased, P.W.3 is the Informant and the P.W.4 is the brother of the deceased. Summons have been issued against the witnesses and bailable

Patna High Court CR. MISC. No.20912 of 2025(2) dt.04-04-2025 3/3 warrant has also been ordered to be issued against the witnesses.

8. Thus, this Court finds that the trial is already in progress and there is no new/fresh ground to consider the bail application of the petitioner.

9. Accordingly, the prayer for bail of the petitioner is again rejected with a direction to the court below to expedite the trial and conclude the same expeditiously preferably within a period of six months from the date of receipt/production of a copy of this order. If the trial is not concluded within a period of six months as stated above, the petitioner will be at liberty to renew his prayer for bail before the learned court below which will be decided on its own merit without being prejudiced by this order.

(Rudra Prakash Mishra, J) rishi/- U T