← Library
Patna High CourtCR. MISC./54427/2025allowed

Abhishek Rai @ Abhishek Kumar Rai v. The State Of Bihar

2025-08-08Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54427 of 2025 Arising Out of PS. Case No.-439 Year-2024 Thana- MUFFASIL District- West Champaran ====================================================== Abhishek Rai @ Abhishek Kumar Rai, S/O Late Ashok Rai, Resident of Village- Siswa Bhumihar, Police Station- Nawalpur, District- West Champaran, Presently residing at Bettiah Station Chowk, Police StationBettiah Town, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Advocate Mr. Sarvesh Kashyap, Advocate Mr. Deepak Kumar, Advocate Ms. Aakansha Rai, Advocate For the State :

Mr. Pramod Kumar Pandey, APP For the Informant :

Mr. Ansul, Sr. Advocate Mr. Rakesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 08-08-2025 Heard Mr. Ramakant Sharma, learned Sr. counsel for the petitioner, Mr. Ansul, learned Sr. counsel for the informant and Mr. Pramod Kumar Pandey, learned APP for the State.

2. The petitioner has renewed his prayer for grant of regular bail in connection with Bettiah Muffasil P.S. Case No. 439 of 2024 registered for the offence punishable under Sections 103 (2) and 3(5) of the B.N.S., Section 27 of the Arms Act and later on Section 111(2)(a) of the B.N.S. was added which was earlier rejected by this Court vide order dated 29.01.2025 passed in Cr. Misc. No. 80961 of 2024 with liberty to renew his prayer for bail after six months, if the trial does not conclude.

Patna High Court CR. MISC. No.54427 of 2025(2) dt.08-08-2025 2/2

3. Learned counsel for the petitioner has submitted that till date charge has not been framed and that six months have already elapsed. Petitioner is languishing in Judicial custody since 16.08.2024.

4. Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer of bail of the petitioner.

5. From perusal of the order dated 29.01.2025 passed by this Court in Cr. Misc. No. 80961 of 2024, it transpires that the petitioner was denied the privilege of bail only on the ground that he was having criminal antecedent of 14 cases.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah Muffasil P.S. Case No.439 of 2024. (Ashok Kumar Pandey, J) lata/- U T