Mithlesh Kumar Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28136 of 2025 In CRIMINAL MISCELLANEOUS No.87554 of 2024 Arising Out of PS. Case No.-149 Year-2024 Thana- MAHNAR District- Vaishali ====================================================== Mithlesh Kumar Ray S/O Nagendra Ray R/O Village- Alipur Hatta, P.SMahnar, Distt.- Vaishali, Bihar, Pin- 844506. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prem Kumar Paswan, Advocate For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-04-2025 Heard learned counsel for the petitioner and learned counsel for the State.
2. The present application has been filed for modification of the order dated 20.03.2025 passed in Cr. Misc. No. 87554 of 2024 by which the petitioner was granted regular bail in connection with Mahnar P.S. Case No. 149 of 2024.
3. Learned counsel for the petitioner submits that the the petitioner was granted regular bail in connection with Mahnar P.S. Case No. 149 of 2024 with the condition that the petitioner be released after framing of charge. Learned counsel further submitted that the present case involves two accused persons including the petitioner. He further submits that
Patna High Court CR. MISC. No.28136 of 2025(2) dt.25-04-2025 2/2 petitioner is fully cooperating with the learned court below while the co-accused is yet to appear before the learned court below despite the issue of process and due to the said reason, the learned court below is unable to proceed with the framing of charge of the petitioner and, as a result, petitioner is being denied the benefit of bail granted by this Court. Learned counsel therefore, prays that the order dated 20.03.2025 be modified accordingly.
4. Considering the facts and circumstances of the present case, this Courts find no merit in the present application.
5. Accordingly, the prayer is rejected.
(Rudra Prakash Mishra, J) Alok Verma/- U T