Kishori Rai @ Kishori Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42458 of 2025 Arising Out of PS. Case No.-329 Year-2024 Thana- SURSAND District- Sitamarhi ====================================================== Kishori Rai @ Kishori Ray S/O Ram Pratap Ray R/O Village- Lakshmipur, P.s-Sonbarsa, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Sursand P.S. Case No. 329 of 2024, instituted for the offences punishable under Sections 318 and 139 of the Bharatiya Nyaya Sanhita, 2023.

3.

This is the second attempt of the petitioner for bail. The petitioner has renewed his prayer for grant of regular bail which was earlier rejected on merit by this Court vide order dated 05.12.2024 passed in Cr. Misc. No. 70240 of 2024. 4.

In compliance of the order dated 30.06.2025, a report dated 21.07.2025 with regard to the present stage of trial

Patna High Court CR. MISC. No.42458 of 2025(3) dt.18-08-2025 2/3 has been received. From perusal of the aforesaid report, it appears that at present the record is pending for evidence and no any witness has been examined as yet. It is further reported that the trial is expected to concluded within six months. 5.

Learned counsel for the petitioner submits that the petitioner is languishing in judicial custody since 10.07.2024 without any rhymes or reason. It is further submitted that no any witness has been examined as yet.

6.

Learned APP for the State opposes the prayer for grant of bail.

7.

There is no progress in this case and the record is pending for evidence. From the aforesaid report, it appears that the trial has not yet commenced and is expected to be concluded within a period of six months.

8. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner as also report of the Court below regarding the stage of the case, this Court is inclined to grant bail to the petitioner.

9. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.42458 of 2025(3) dt.18-08-2025 3/3 below/concerned Court in connection with Sursand P.S. Case No. 329 of 2024.

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