Rais Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55371 of 2025 Arising Out of PS. Case No.-674 Year-2022 Thana- SIWAN CITY District- Siwan ====================================================== Rais Sah son of Late Meer Hasan Sah @ Mir Hasan Sah, R/o Village- Ismail Sahid Takiya, PS- Sarai OP, District -Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.N.K.Agrawal, Sr.Advocate : Mr.Nawnit Kumar Tiwary, Advocate For the Opposite Party/s :
Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-11-2025 Heard Mr.N.K.Agrawal, learned senior counsel appearing for the petitioner and Mr.Bhanu Pratap Singh, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 22.06.2023 in connection with S.Tr.No.282 of 2023 arising out of Siwan Town P.S. Case No. 674 of 2022, F.I.R. dated 30.11.2022 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.
3. Earlier the prayer for bail of the petitioner was rejected vide order dated 02.08.2024 passed in Cr.Misc. No. 37643 of 2024.
4. Learned senior counsel for the petitioner
Patna High Court CR. MISC. No.55371 of 2025(5) dt.15-11-2025 2/3 submits that the petitioner is in custody since 22.06.2023 and the trial is not in progress.
5. Learned APP for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and fairly submits that the petitioner is the main assailant and he has fired upon the victim and the victim has died on the spot and apart from that, the petitioner carries five more cases other than the present one, all of serious nature, as mentioned in para-3 of the bail petition.
6. Vide order dated 18.09.2025, a report was called for with regard to the stage of the trial. Report of the learned Trial Court dated 24.09.2025 reveals that out of seven chargesheet witnesses, two witnesses have been examined which suggests that the trial is going on.
7. Considering the aforesaid facts, report of the learned Trial Court and the nature of allegation against the petitioner as alleged in the FIR, I am not inclined to enlarge the petitioner on bail in connection with S.Tr.No.282 of 2023 arising out of Siwan Town P.S. Case No. 674 of 2022, pending in the court of learned Additional Sessions JudgeII, Siwan.
Patna High Court CR. MISC. No.55371 of 2025(5) dt.15-11-2025 3/3
8. Prayer is refused.
9. However, the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) Nitesh/- U T