Munna Kr Rai @ Munna Rai @ Munna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53736 of 2024 Arising Out of PS. Case No.-444 Year-2018 Thana- GARKHA District- Saran ====================================================== Munna Kr Rai @ Munna Rai @ Munna Kumar Son of Kameshwar Rai R/O village - Ramgadha, P.S.- Awtarnagar, District - Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Advocate For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 05-03-2025 Heard Mr. Manoj Kumar, learned Advocate for the petitioner and Mr. Ram Priya Sharan Singh, learned APP for the State.
2. The petitioner seeks bail in connection with Sessions Trial No. 144 of 2019, arising out of Garkha P.S. Case No. 444 of 2018 dated 09.10.2018, instituted for the offences under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act, 1959.
3. The son of the informant was killed. No suspicion was raised against anyone. The petitioner was arrested later, during the course of investigation, and he is said to have made confession before the police leading
Patna High Court CR. MISC. No.53736 of 2024(3) dt.05-03-2025 2/3 to recovery of the fire-arms. The petitioner was, thereafter, charge-sheeted and put on trial.
4. However, till date the trial has not been concluded, notwithstanding the fact that the petitioner has remained in custody since 14.10.2018.
5. This Court had called for a report from the Trial Court about the stage of the case. The report however, does not disclose anything.
6. A supplementary affidavit later was filed on the asking of the Court by the petitioner indicating that long before, three witnesses were examined and thereafter no date has been fixed for the examination of other witnesses.
7. Considering the aforenoted facts, and especially the period of custody of the petitioner, this Court is inclined to enlarge the petition on bail, subject to the following conditions.
8. The petitioner, named above, shall be released on bail on his furnishing bail bonds of
Patna High Court CR. MISC. No.53736 of 2024(3) dt.05-03-2025 3/3 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-IV, Saran at Chhapra or the concerned Court, Saran at Chhapra in connection with Sessions Trial No. 144 of 2019, arising out of Garkha P.S. Case No. 444 of 2018, subject to the following conditions:- (I) One of the bailors shall be the wife/brother of the petitioner;
(II) The petitioner shall present himself before the Trial Court on all dates, and for his unexplained absence for two consecutive dates, the order granting bail to the petitioner would be liable to be cancelled. (Ashutosh Kumar, ACJ) Manoj/PKPU T