Pramod Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48846 of 2025 Arising Out of PS. Case No.-335 Year-2017 Thana- GHORASAHAN District- East Champaran ====================================================== Pramod Rai S/O Yugal Rai R/O Village- Jagiraha, PS- Ghorasahan, districtEast Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar No.III, Advocate For the State :

Mr. Jharkhandi Upadhyay, APP For the Informant :

Mr. Gaurav Prakash, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-08-2025 Heard learned counsel for the petitioner; learned APP for the State and learned counsel for the informant.

2. This is the second attempt on behalf of the petitioner for grant of bail in connection with Sessions Trial No. 171 of 2023 arising out of Ghorasahan P.S. Case No. 335 of 2017 registered for the offence punishable under Sections 302, 120(B) and 34 of the I.P.C. read with Section 27 of the Arms Act.

3. Earlier the bail application of the petitioner has been rejected vide order dated 13.12.2023 passed in Cr. Misc. No. 67550 of 2023, which reads as under:

"Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in

Patna High Court CR. MISC. No.48846 of 2025(2) dt.01-08-2025 2/3 connection with Sessions Trial No. 171 of 2023 arising out of Ghorasahan P.S. Case No. 335 of 2017 dated 05.07.2017, lodged under Sections 302, 120(B) and 34 of the I.P.C. read with Section 27 of the Arms Act.

3. As per the prosecution case, the informant's sons were brutally killed by the accused persons including the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that the petitioner has participated in the brutal killing of the deceased persons.

5. Learned counsel for the petitioner further submits that the petitioner is in custody since 07.03.2022 having one criminal antecedent. He further submits that the other similarly situated co-accused person has been granted bail by the Co-ordinate Bench of this Court vide order dated 08.02.2018 passed in Cr. Misc. No. 7534 of 2018 on considering the post-mortem report of the deceased.

6. Learned A.P.P. for the State opposes the prayer for bail and submits that there is participation of petitioner in the said crime.

7. Considering the fact that this is a case of double murder and this Court will not hold a mini trial at the stage of bail and in my opinion in a case of double murder, where there is a specific allegation of participation of the petitioner in the crime, I am not inclined to grant bail to the petitioner and therefore, the present bail application is hereby rejected.

8. The Trial Court is directed to expedite the trial as early as possible."

4. Learned counsel for the petitioner submits that out of 19 chargesheeted witnesses only two witnesses have been examined.

5. Learned counsel for the informant assures this

Patna High Court CR. MISC. No.48846 of 2025(2) dt.01-08-2025 3/3 Court that the prosecution witnesses shall be examined by the prosecution at the earliest.

6. In view of the above, this application is dismissed.

7. If the trial is delayed by the prosecution, the petitioner may renew his prayer for bail.

(Sandeep Kumar, J) P. Kumar U T