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Patna High CourtCR. MISC./46063/2025bail rejected

Niraj Rai v. The State Of Bihar

2025-07-24Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46063 of 2025 Arising Out of PS. Case No.-313 Year-2022 Thana- BIHIA District- Bhojpur ====================================================== Niraj Rai son of Radha Kishun Rai Resident of Sudarpur P.S -Bihia, DistBhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Session Trial No. 379 of 2024 arising out of Bihia P.S. Case No. 313 of 2022 instituted for the offences under Sections 147, 148, 149, 341, 323, 307 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

3. Earlier vide order dated 27.06.2023 passed in Cr. Misc. No. 25280 of 2033 and again vide order dated 19.04.2024 passed in Cr. Misc. No. 15504 of 2024, the prayer for grant of bail to the petitioner was rejected.

Patna High Court CR. MISC. No.46063 of 2025(2) dt.24-07-2025 2/3

4. Learned counsel for the petitioner mainly submitted that the petitioner has been languishing in jail since 16.11.2022 and there is no significant progress in the trial. Learned counsel further submitted that trial is in progress and out of seven witnesses, two witnesses have been examined. Learned counsel further submitted there is no likelihood of conclusion of trial in near future and therefore, petitioner may be released on bail. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent.

6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Having considered the submissions made on behalf of the parties, this Court finds no fresh ground to reconsider the matter which has already been decided on merit by this Court as also taking into account the present stage of trial, this Court is not inclined to grant bail to the petitioner.

9. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.

10. Learned Trial Court is directed to expedite the trial.

11. However, liberty is granted to the petitioner to renew the prayer for grant of bail before the Trial Court if the

Patna High Court CR. MISC. No.46063 of 2025(2) dt.24-07-2025 3/3 trial is not concluded within a period of five months from today. (Rudra Prakash Mishra, J) Alok Verma/- U T