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Patna High CourtCR. MISC./586/2026bail granted

Jitendra Ram @ Jitendra Kumar Ram @ Jitendra Kumar v. The State Of Bihar

2026-03-18Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.586 of 2026 Arising Out of PS. Case No.-269 Year-2022 Thana- KHANPURA District- Samastipur ====================================================== Jitendra Ram @ Jitendra Kumar Ram @ Jitendra Kumar S/o Suresh Ram R/o Village- Jahangirpur, Kothiya, P.S- Khanpur, Dist- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nityanand Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Khanpur P.S. Case No. 269 of 2022, instituted for the offence under Sections 304(B)/34 of the I.P.C.

3. Earlier vide order dated 03.04.2025 passed in Cr. Misc. No. 35496 of 2024, regular bail of the petitioner was rejected by this Court considering the nature and gravity of the offence with a liberty to renew the prayer after six months if the trial is not concluded.

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 four witnesses have been examined. It

Patna High Court CR. MISC. No.586 of 2026(3) dt.18-03-2026 2/3 has been submitted on behalf of the petitioner that the petitioner is in custody since 09.11.2022. Learned counsel further submits that there is no likelihood of the trial being concluded in the near future.

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

6. In compliance of the order dated 30.01.2026 a report dated 26.02.2026 with regard to the present stage of trial has been received. From perusal of the aforesaid report, it appears that out of 10 Chargesheet witnesses, 04 witnesses, including the informant and I.O of this Case, have already been examined. It is further reported that 05 witnesses have been given up by the prosecution and now only one prosecution witness i.e. Medical Officer has not been examined by the prosecution as yet.

7. 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.

Patna High Court CR. MISC. No.586 of 2026(3) dt.18-03-2026 3/3

8. 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 Khanpur P.S. Case No. 269 of 2022, subject to the following conditions: (I) One of the bailors shall be the petitioner's own or close member.

(II) The petitioner shall appear on each and every date fixed during the trial and shall not remain absent on two consecutive dates without sufficient cause.

(III) The petitioner shall not tamper with the prosecution evidence or influence/intimidate any witness during the course of trial.

In case of violation of any of the aforesaid conditions, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) manish/- U T