Daya Nand Kumar @ Daya Nand Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70569 of 2025 Arising Out of PS. Case No.-274 Year-2024 Thana- MANER District- Patna ====================================================== Daya Nand Kumar @ Daya Nand Ray S/o Lal Saheb Ray R/o Village - Hira Tola (Brahamchari Pokhara), Sherpur, P.S - Maner, District - Patna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Alok For the Opposite Party/s :
Mr.Bhanu Pratap Singh For the Informant :
Mr. Shambhu Narayan Singh Mr. Suraj Kumar Tiwari.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-02-2026 Heard the parties.
2. This is the second attempt of the petitioner for grant of regular bail in connection with Maner P.S. Case No. 274 of 2024 registered for the offence under Sections 302, 120(B)/34 of the Indian Penal Code and under Section 27 of the Arms Act. Heard learned counsel for the petitioner and learned APP for the State.
3. The following order was passed in this case on 7.11.2025:- Heard the learned Senior counsel for the petitioner, learned APP for the State and the learned counsel for the informant.
2. The following order was passed on 02.07.2025 in Cr. Misc. No. 19056 of 2025:-
2/4 Re-Cr. Misc. No. 19506 of 2025
10. Heard the learned senior counsel for the petitioner, learned counsel for the informant and learned counsel for the State.
11. The petitioner seeks bail in connection with Maner P.S. Case No. 274 of 2024 registered for the offence under Section 302, 120(B)/34 of the Indian Penal Code and under Section 27 of the Arms Act.
12. As per the prosecution case, the petitioner is one of the assailant of the deceased.
13. Learned senior counsel for the petitioner has submitted that the petitioner is a government servant and was present in his office in Delhi but this alibi has not been verified by the I.O. of the case though the application was filed before him and the same has also been mentioned in paragraph 39 of the case diary.
14. The petitioner is in custody since 4.8.2024.
15. The prayer of the petitioner is rejected for the present because of the allegations levelled against him but the Senior Superintendent of Police, Patna is directed to get the alibi of the petitioner verified properly with six weeks after starting further investigation as charge-sheet has been submitted in this case.
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16. Let a copy of this order be communicated to the Senior Superintendent of Police, Patna through FAX for its compliance.
3. The learned Senior Counsel for the petitioner has submitted that the report of alibi has been submitted by the Senior Superintendent of Police, Patna in the High Court.
4. The office is directed to trace the report and attach it with the records.
5. Re-list this case after two weeks.
4. Pursuant to the aforesaid order, the supplementary counter affidavit has been filed and on perusal of the same, it appears that the petitioner was in Delhi around the date of occurrence and it appears to be a family dispute. The petitioner is in custody since 4.8.2024 and in the trial even charges have not been framed.
5. Considering the period of custody of the petitioner and the delay in the trial, this application is allowed.
6. 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 the learned Judicial Magistrate, 1st Class, Danapur/concerned Court below in connection Maner P.S. Case No. 274 of 2024.
7. As a condition of this order, the petitioner, after
4/4 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) Vikas/- U