Patna High Court – Orders
Nandu Ray @ Nandu Rai @ Nandu Kumar vs The State Of Bihar on 20 June, 2025
Author: Jitendra Kumar
Bench: Jitendra Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38712 of 2025
Arising Out of PS. Case No.-76 Year-2021 Thana- SHAHPUR PATORI District- Samastipur
======================================================
Nandu Ray @ Nandu Rai @ Nandu Kumar S/O Kailash Roy, R/O Village-
Kala Diyara, P.S.- Salimpur, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Rina Sinha, Advocate
Mr. Nivas Lochan Jha, Advocate
For the State : Mr. Sanjay Kumar Singh, APP
For the Informant : Mr. S.K. Thakur, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 20-06-2025
Heard learned counsel for the petitioner and learned
APP for the State as well as learned counsel for the informant.
2. The petitioner seeks bail in connection with
Sessions Trial No. 222 of 2023, arising out of Shahpur Patori
(Mohanpur) P.S. Case No. 76 of 2021 dated 17.03.2021,
registered for the offences punishable under Sections 147, 148,
149, 302 and 447 of the Indian Penal Code and Section 27 of
Arms Act.
3. It is pertinent to mention that similar petition filed
by the petitioner bearing Cr. Misc. No. 35978 of 2024 was
rejected vide order dated 19.07.2024 on merit. However, the
petitioner has renewed his prayer for bail by the present petition
mainly on the ground that he has been languishing in jail, for
Patna High Court CR. MISC. No.38712 of 2025(2) dt.20-06-2025
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about 3 years and 10 months, since 26.08.2021. Till date out of
17 charge-sheet witnesses, only 8 witnesses have been examined
and many material witnesses are still to be examined, like
Doctor and Investigating Officer and trial is likely to take much
more time and hence, it would be travesty of justice and glaring
violation of fundamental right of the petitioner as provided
under Article 21 of the Constitution of India, if he is denied bail
even at this stage.
4. However, learned APP for the State and learned
counsel for the informant vehemently oppose the prayer of the
petitioner for bail submitting that the alleged offence is serious
in nature and he is main assailant as per the allegation.
5. Considering the fact that petitioner has been
languishing in jail, for about 3 years and 10 months, since
26.08.2021 and only about half of the charge-sheet witnesses
have been examined as yet and trial is likely to take more time,
this application is allowed, directing the petitioner, above-
named, to be enlarged on bail on his furnishing bail bonds in the
sum of Rs.10,000/- (Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned concerned Court
below in connection with Sessions Trial No. 222 of 2023,
arising out of Shahpur Patori (Mohanpur) P.S. Case No. 76 of
Patna High Court CR. MISC. No.38712 of 2025(2) dt.20-06-2025
3/4
2021, on the following conditions:
(i) The petitioner will make himself available for
interrogation by a police officer/court as and when required.
(ii) The petitioner will undertake that
investigation/trial will not get hampered on account of his
absence or non-cooperation. He must be available to the police
or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly
make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court
below that the petitioner has criminal antecedents other than the
disclosed one, learned court below shall cancel the bail bonds of
the petitioner after hearing him and getting satisfied that the
petitioner has concealed his criminal antecedents despite his
knowledge of the same.
(v) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
6. However, Trial Court is directed to take coercive
measures against the remaining witnesses to secure their
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attendance for their examination as prosecution witnesses.
7. Superintendent of Police, Samastipur and District
Magistrate, Samastipur are also directed to ensure the
prosecution witnesses attend the Court for their examination in
the trial.
8. Let a copy of this order be sent to the
Superintendent of Police, Samastipur and District Magistrate,
Samastipur besides learned Trial Court for their information and
needful.
9. Trial must be concluded within four months, failing
which the Presiding Officer of the trial as well as the
Superintendent of Police, Samastipur and District Magistrate,
Samastipur will be required to give an explanation for their
failure to complete the trial during stipulated period.
(Jitendra Kumar, J.)
ravishankar/-
U T
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