Manish Rai @ Manish Ray @ Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 87640 of 2025 Arising Out of PS. Case No.-773 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== Manish Rai @ Manish Ray @ Manish Kumar Son of Satendra Ray @ Satender Ray @ Satender Ray Village- Naya Tola Majlispur, P.S. -Bidupur, District -Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravish Mishra, Advocate For the Opposite Party/s :

Mr.Jai Narain Thakur, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 09-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bidupur P.S. Case No. 773 of 2023, instituted for the offences under Sections 364, 365, 120(B) and 34 of the Indian Penal Code.

3. Earlier vide order dated 17.02.2025 passed in Criminal Miscellaneous No. 79958 of 2024, regular bail of the petitioner was rejected by this Court taking into account the fact that petitioner has assured the informant to return his child, which suggests his complicity in the occurrence.

4. 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 Charge in this case is framed and till date, only three witnesses have been examined.

Patna High Court CR. MISC. No. 87640 of 2025(2) dt.09-01-2026 2/3 It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.06.2024. 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.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

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, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bidupur P.S. Case

Patna High Court CR. MISC. No. 87640 of 2025(2) dt.09-01-2026 3/3 No. 773 of 2023, 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) manish/- U T