Tulsi Choupal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70836 of 2025 Arising Out of PS. Case No.-115 Year-2021 Thana- MANIGACHI District- Darbhanga ====================================================== Tulsi Choupal S/o Ramkishor Choupal R/o Village- Makranda, PsManigachhi, Dist- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Baidyanath Prasad, Advocate For the Opposite Party/s :
Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Manigachhi P.S. Case No. 115 of 2021 instituted for the offence under Sections 302 & 201 of the Indian Penal Code. Earlier vide order dated 20-02-2025, passed in Cr. Misc. No. 78747 of 2024, regular bail of the petitioner was rejected by this Court, taking into account the advance stage of the trial.
3.
Learned counsel for the petitioner submits that the present one is the second attempt for grant of regular bail to the petitioner. It is mainly submitted that after the last rejection order, there is no progress in the trial. It has been submitted on behalf of the petitioner that the petitioner is in custody since
Patna High Court CR. MISC. No.70836 of 2025(3) dt.01-12-2025 2/3 20.05.2021, having no criminal antecedent. Learned counsel further submits that there is no likelihood of the trial being concluded in the near future. Learned counsel goes on to submit that the continued incarceration of the petitioner without conclusion of trial amounts to a gross violation of the fundamental right guaranteed under Article 21 of the Constitution of India, which is reiterated by Hon'ble Apex Court in plethora of judgments.
4.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 5.
A report was called for from the Trial Court and it is reported that four out of seven charge sheet witnesses have been examined in this case.
6.
Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and taking into account the fact that continued detention of the petitioner would serve no purpose other than punitive pretrial incarceration, which is antithetical to the spirit of Article 21 of the Constitution of India as also there is no progress in the trial which is evident from the report of the Trial Court, this Court is inclined to grant bail to the petitioner.
7.
Let the petitioner be released on bail on furnishing
Patna High Court CR. MISC. No.70836 of 2025(3) dt.01-12-2025 3/3 bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Manigachhi P.S. Case No. 115 of 2021, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Raj Kishore/- U T