Arvind Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40814 of 2025 Arising Out of PS. Case No.-176 Year-2020 Thana- NAGARNAUSA District- Nalanda ====================================================== Arvind Prasad S/o Late Bulkan Prasad R/o Village- Mahatar Chhoti Masjid, Nagarnausa, P.S.- Nagarnausa, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-07-2025

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial no.256 of 2021, arising out Nagarnausa P.S. Case no. 176 of 2020 registered under sections 302 and 307 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is said to have given a knife blow in the stomach of the brother of the informant and thereafter he also assaulted the bhabhi of the informant. The brother of the informant died.

4. It is submitted by learned counsel for the petitioner that the earlier applications for bail of the petitioner were rejected vide order dated 10.5.2022 passed in Cr. Misc. no.62002 of 2021 and order dated 6.10.2023 passed in Cr. Misc. no.57091 of 2023. The petitioner has been falsely implicated in

Patna High Court CR. MISC. No.40814 of 2025(3) dt.18-07-2025 2/3 the case. Inspite of his having remained in custody since 29.11.2020, the trial has still not concluded and there is no chance of the same concluding in the near future. The petitioner undertakes to cooperate in the trial.

5. The application for bail is opposed by learned A.P.P. for the State.

6. A report was called for from the learned trial Court. As per the report received contained in letter dated 2.7.2025, nine out of the ten charge-sheet witnesses have been examined on behalf of the prosecution and only the Investigating Officer of the case remains to be examined.

7. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner who is said to have given a knife blow in the stomach of the brother of the informant leading to his death together with the trial in the learned trial Court having reached near its conclusion with examination of all witnesses except for one Investigating Officer of the case, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

8. Learned trial Court is directed to expedite the trial and to conclude the same at the earliest preferably within a period of 4 months from the date of receipt/production of the

Patna High Court CR. MISC. No.40814 of 2025(3) dt.18-07-2025 3/3 copy of the order.

9. The Superintendent of Police, Nalanda is directed to ensure the appearance of the Investigating Officer concerned in the learned trial Court for his examination as a prosecution witness, if not already examined.

10. Let a copy of this order be communicated to the Superintendent of Police, Nalanda.

(Partha Sarthy, J) avinash/- U T