Bipin Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84179 of 2024 Arising Out of PS. Case No.-368 Year-2022 Thana- MOKAMAH District- Patna ====================================================== Manoj Rai Son of Sri Dipu Rai @ Dipal Rai Resident of Village - Mekra Naya Tola, P.S. - Mokama, District - Patna ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 86835 of 2024 Arising Out of PS. Case No.-368 Year-2022 Thana- MOKAMAH District- Patna ====================================================== Bipin Rai S/O Deepu Ray @ Late Tripit Rai @ Late Tripit Rai R/O VillageMekra @ Mekra Naya Tola, P.S.- Mokama, District- Patna. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 84179 of 2024) For the Petitioner/s :

Mr. Kumar Manglam, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP (In CRIMINAL MISCELLANEOUS No. 86835 of 2024) For the Petitioner/s :

Mr. Rananjay Kumar, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-01-2025 Heard Mr. Kumar Mangal, learned counsel for the petitioner and Mr. Raj Ballabh Singh, learned APP for the State (In Cr. Misc. No. 84179 of 2024) as well as Mr. Rananjay Kumar, learned counsel appearing on behalf of the petitioner and Mr. Pawan Kumar Chourasia, learned APP for the State (in Cr. Misc. No. 86835 of 2024).

Patna High Court CR. MISC. No.84179 of 2024(3) dt.27-01-2025 2/3

2. Petitioners seek bail, who are in custody since 01.01.2023 and 31.12.2022, in connection with Trial No. 423 of 2023 arising out of Mokama P.S. Case No. 368 of 2022, F.I.R. dated 25.11.2022 registered for the offences punishable under Sections 448, 326, 307 and 34 of the Indian Penal Code.

3. Earlier the bail petition of the petitioner namely Manoj Rai (Cr. Misc. No. 84179 of 2024) was rejected vide order dated 11.08.2023 passed in Cr. Misc. No. 40166 of 2023. Learned counsel for the petitioner submits that while rejecting the bail petition of the petitioner the Hon'ble Court has recorded that out of seven chargesheet witnesses, four witnesses have already been examined.

4. Earlier the bail petition of the petitioner namely Bipin Rai (Cr. Misc. No. 86835 of 2024) was rejected vide order dated 11.08.2023 passed in Cr. Misc. No. 40166 of 2023. Thereafter, the petitioner again moved for regular bail in Cr. Misc. No. 11155 of 2024 which was dismissed vide order dated 19.04.204.

5. Learned counsel for the petitioners submits that while rejecting the bail petition of the petitioner namely Bipin Rai which was recorded in the order dated 19.04.2024 on the basis of the report of the learned Trial Court that all the seven

Patna High Court CR. MISC. No.84179 of 2024(3) dt.27-01-2025 3/3 witnessed have already been examined. Learned counsel for the petitioners further submits that till date the case not been disposed of by the learned Trial Court.

6. Vide order dated 13.12.2024, a report was called for with regard to the stage of the trial. Report dated 18.01.2025 of the learned Trial Court reveals that all the witnesses have been examined and the case is running for defense argument.

7. Considering the aforesaid facts and circumstance of the case, I am not inclined to enlarge the petitioners on bail in connection with Trial No. 423 of 2023 arising out of Mokama P.S. Case No. 368 of 2022 pending in the Court of learned Additional District & Sessions Judge-IV, Barh, Patna.

8. Prayer is refused.

9. However, the learned Trial Court is directed to expedite and conclude the trial as mentioned in his report dated 18.01.2025.

(Rajesh Kumar Verma, J) Ibrar//- U T