Surendra Rai @ Jatu Rai @ Surender Ray @ Jathu Rai @ Surendra Ray @ Jathu Ray @ Surendera Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75035 of 2025 Arising Out of PS. Case No.-68 Year-2024 Thana- MOHANPUR District- Samastipur ====================================================== Surendra Rai @ Jatu Rai @ Surender Ray @ Jathu Rai @ Surendra Ray @ Jathu Ray @ Surendera Ray S/o- Late Nagdeo Rai Village- Jalalpur Ward No7 P.S- Mohanpur District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Pramod Kumar Singh, Advocate For the State :
Mr. Binay Krishna, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-11-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 201 and 34 of the Indian Penal Code and Section 3(2)(v) of the SC/ST Act, however, cognizance has been taken by the learned trial court under Sections 302, 201 and 34 of the Indian Penal Code.
3. Earlier, the prayer for grant of bail to the petitioner was rejected by a Co-ordinate Bench of this Hon'ble Court vide order dated 29.01.2025 passed in Cr. Appeal (SJ) No. 4428 of 2024 with liberty to renew his prayer for bail if the trial is not concluded within a period of six months.
4. It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.75035 of 2025(2) dt.04-11-2025 2/2 that in this case, charges were framed on 02.04.2025 but till date, no prosecution witness has been examined and there is no substantial progress at the trial. Petitioner has got no criminal antecedents and he is in custody since 03.07.2024.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the case, slow and tardy progress of trial, period of custody and clean antecedents of the petitioner, the prayer for grant bail of to the petitioner is allowed.
7. Accordingly, let the above named petitioner 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 learned District and Additional Sessions JudgeIX, Samastipur in connection with Mohanpur P.S. Case No. 68 of 2024.
(Prabhat Kumar Singh, J) shashank/- U T