Patna High CourtCR. MISC./31687/2025dismissed

Ranjit Mandal @ Ranjit Kumar v. The State Of Bihar

2025-07-25Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31687 of 2025 Arising Out of PS. Case No.-689 Year-2022 Thana- KAHALGAON District- Bhagalpur ====================================================== Ranjit Mandal @ Ranjit Kumar S/o- Umesh Mandal Village- Chakbhuska, PsKahalgaon, Dist- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 25-07-2025 Heard the learned counsel for the petitioner and the learned APP for the State.

2. This is the 3nd attempt of the petitioner. Earlier the bail application of the petitioner was rejected twice vide order dated 02.08.2023 and 21.06.2024 passed in Cr. Misc. No. 48034 of 2023 and Cr. Misc. No.29918 of 2024 respectively.

3. The petitioner seeks regular bail in a case registered for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

4. The following order was passed on 21.06.2024 in Cr. Misc. No. 29918 of 2024 :- Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This is the second attempt of the petitioner for grant of bail. Earlier his application

Patna High Court CR. MISC. No.31687 of 2025(4) dt.25-07-2025 2/3 was rejected vide order dated 02.08.2023 passed in Cr. Misc. No. 48034 of 2023.

3. The following order was passed on 02.08.2023 in Cr. Misc. No. 48034 of 2023:- "Heard learned counsel for the petitioner and learned APP for the State.

This application for grant of regular bail arise out of Kahalgaon P.S. Case No. 689 of 2022 registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code read with Section 27 of the Arms Act.

The petitioner is the assailant of the deceased. In view of the aforesaid fact, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer of bail of the petitioner is rejected herewith."

4. The petitioner is in jail since 22.08.2022.

5. The only ground for renewal of prayer for grant of bail by the petitioner is that the petitioner is jail since 22.08.2022 and some of the accused persons have been granted bail.

6. Considering the facts and circumstances, I am not inclined to review my earlier order. This application is dismissed.

5. Learned counsel for the petitioner submits that three material witnesses, who have been examined, have been declared hostile and the Doctor has also been examined. He further submits that the petitioner is in custody since 15.07.2022, considering the period of custody, the petitioner deserves bail.

6. In view of the judgment of the Hon'ble Supreme Court in the case of X vs. State of Rajasthan & Anr., 2024 SCC Online SC 3539 observing that once the trial has started and the witnesses are being examined, the accused persons should not

Patna High Court CR. MISC. No.31687 of 2025(4) dt.25-07-2025 3/3 be granted bail ordinarily, this application for regular bail is hereby rejected.

7. Accordingly, this application for regular bail is hereby rejected.

(Sandeep Kumar, J) anand/- U T