Bambhala Rai @ Bam Bhola Rai @ Bhola Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38253 of 2025 Arising Out of PS. Case No.-153 Year-2018 Thana- DAUDPUR District- Saran ====================================================== Bambhala Rai @ Bam Bhola Rai @ Bhola Ray son of Chandrika Rai @ Chandrika Ray Resident of village-Balesra Ps -Daudpur District -Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brajesh Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Sessions Trial No. 137 of 2024 arising out of Daudpur P.S. Case No. 153 of 2018 instituted for the offences under Sections 147, 148, 149, 341, 323, 324, 307 and 302 of the Indian Penal Code.
3. As per prosecution case, the petitioner has assaulted the deceased on his head by spade, as a result of which, he succumbed to the injuries during treatment.
4. The petitioner has renewed his prayer for grant of regular bail which was earlier rejected by a Co-ordinate Bench of this Court vide order dated 07.08.2023 passed in Cr. Misc. No. 74804 of 2022.
Patna High Court CR. MISC. No.38253 of 2025(3) dt.12-08-2025 2/3
5. Learned counsel for the petitioner submits that the petitioner is in custody since 07.03.2022 and the charge has been framed against the petitioner and there is no likelihood of conclusion of the trial in near future.
6. In compliance to the order of this Court dated 24.06.2025, the learned court below has sent report dated 03.07.2025 regarding present stage of trial.
7. The report of the learned Principal District & Sessions Judge, Saran at Chapra dated 03.07.2025 suggests that four charge-sheeted witlessness and one injured namely Hare Ram Yadav have been examined and cross-examined and they have been discharged. It is further reported that two official witnesses are yet to be examined and the next date of this case has been fixed on 05.07.2025 for evidence of the witnesses.
8. There is no new ground to consider the bail application of the petitioner.
9. In that view of the matter, the present application is again rejected with a direction to the learned court below to expedite the trial and conclude the same expeditiously preferably within a period of five months from today.
10. If the trial is not concluded within the aforesaid period of five months, the petitioner will be at liberty to renew
Patna High Court CR. MISC. No.38253 of 2025(3) dt.12-08-2025 3/3 his prayer for bail before the learned court below. (Rudra Prakash Mishra, J) rishi/- U T