Jagarnath Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84477 of 2024 Arising Out of PS. Case No.-192 Year-2020 Thana- BHAGWANPUR District- Vaishali ====================================================== Jagarnath Pandit, Son of Late Ganga Pandit, Resident of Village -Bahlolpur, Police Station- Bhagwanpur, District- Vaishali. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Subhash Kumar, Advocate For the Opposite Party/s :
Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 26-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner in the present case has renewed his prayer to obtain regular bail in connection with Sessions Trial No. 168 of 2021 arising out of Bhagwanpur P.S. Case No. 192 of 2020 registered for the offences punishable under Section 307/504 of the Indian Penal Code and later on Section 302/34 IPC has also been added. He has got no criminal antecedent as per paragraph '3' of the application.
3. Earlier his prayer for bail was rejected vide order dated 19.08.2021 and 02.11.2022. While rejecting his prayer for bail on 02.11.2022, this Court has noticed that out of six chargesheeted witnesses, four witnesses have already been examined and the trial is likely to be concluded within two months.
4. At this stage, report of the trial court only
Patna High Court CR. MISC. No.84477 of 2024(7) dt.26-09-2025 2/3 undertakes that all the prosecution witnesses have been examined but there is no further statement as to how much time is likely to be taken in conclusion of the trial. It is found from the Letter No. 24/25 dated 11.03.2025 of the learned District and Additional Sessions Judge-III, Vaishali that the records of this case remained pending for production of two remaining witnesses for about three years from the date of last rejection of the prayer for bail of the petitioner.
5. At this stage, since no timeline has been provided to this Court as to how much time will be taken in conclusion of the trial, having regard to the fact that the petitioner has already remained in incarceration for over five years, this Court is of the opinion that he deserves privilege of bail.
6. Let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned A.D.J.-III, Vaishali in connection with Sessions Trial No. 168 of 2021 arising out of Bhagwanpur P.S. Case No. 192 of 2020, subject to the condition as laid down under Section 437 (3) Cr.P.C.
7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at
Patna High Court CR. MISC. No.84477 of 2024(7) dt.26-09-2025 3/3 any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
8. This application stands allowed.
(Rajeev Ranjan Prasad, J) SUSHMA2/- U T