Lal Babu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47838 of 2025 Arising Out of PS. Case No.-204 Year-2024 Thana- DANAPUR District- Patna ====================================================== Lal Babu Rai S/O Bindeshwar Rai R/O Mohalla- Danapur Pipapull Ghat, Ward No. 2/19, P.S- Danapur, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. P.N. Sahi, Sr. Advocate Mr. Amir Alam For the State :

Ms. Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-02-2026 Heard learned senior counsel for the petitioner and learned APP for the State.

2. This is the second attempt on behalf of the petitioner for grant of bail in connection with Danapur P.S. Case No. 204 of 2024 registered for the offence under Sections 147, 149, 323, 325, 307, 504, 506 of the IPC and added Section 302 of the IPC.

3. Earlier, the bail application of the petitioner has been rejected by this Court vide order dated 11.12.2024 passed in Cr. Misc. No. 76273 of 2024, which reads as follows: "Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in connection with Danapur P.S. Case No. 204 of 2024 registered for the offence under Sections 147, 149, 323, 325, 307, 504 and 506 of the Indian Penal Code and

Patna High Court CR. MISC. No.47838 of 2025(4) dt.10-02-2026 2/3 subsequently Section 302 of the Indian Penal Code was also added.

3. As per the prosecution case, the petitioner and others are said to have assaulted the deceased.

4. During investigation, it has come that the accused persons have assaulted the deceased by hard and blunt substance.

5. Learned counsel for the informant has opposed the application of the petitioner and has assured this Court that the prosecution will not delay the trial and will produce the witnesses on the dates fixed.

6. Considering the serious allegations levelled against the petitioners, this Court is not inclined to grant bail to the petitioners.

7. Accordingly, this application is dismissed.

8. The trial of the petitioner is directed to be expedited.

4. From perusal of the order dated 11.12.2024, it appears that learned counsel for the informant has assured the Court that the prosecution will not delay the trial and will produce the witnesses on the dates fixed. Today, it is not in dispute that not even a single witness has been examined in the trial by the prosecution and today again, the learned counsel for the informant submits that he will examine the witnesses within a stipulated period.

5. The informant cannot be allowed to act in such a callous manner and oppose the prayer for bail without producing the witnesses in the Court during the trial despite having given an

Patna High Court CR. MISC. No.47838 of 2025(4) dt.10-02-2026 3/3 assurance to this Court that the witnesses shall be produced on the dates fixed.

6. The petitioner is in custody since 10.08.2024.

7. Considering the period of custody, the delay in trial and the misconduct of the informant, this application is allowed.

8. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Danapur in connection with Danapur P.S. Case No. 204 of 2024.

9. As a condition of this order, the petitioner after being released on bail, is directed to co-operate in the trial either by appearing personally or through his lawyer in the trial Court on each and every date fixed by the trial Court. Non-compliance of the condition will result in cancellation of the bail bonds of the petitioner.

(Sandeep Kumar, J) priyanka/- U T