Patna High Court
Lal Babu RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner due to the undue delay in trial and the informant’s misconduct in not producing witnesses.
Summary
Lal Babu Rai was arrested in connection with a case registered under Sections 147, 149, 323, 325, 307, 504, 506 and later 302 of the Indian Penal Code. The petitioner had earlier applied for bail, which was rejected on 11-12-2024 because of the seriousness of the allegations. The informant had assured the court that witnesses would be produced, but no witness had been examined by the trial court to date. The petitioner had been in custody since 10-08-2024, and the trial had been unduly delayed. The court observed that the informant’s failure to produce witnesses amounted to misconduct and, considering the prolonged detention, allowed the bail application. The petitioner was released on bail upon furnishing a bond of Rs.10,000 with two sureties and was directed to cooperate with the trial proceedings.
Issues considered
- Whether bail should be granted to the accused despite the grave nature of the offences charged under the IPC
- Whether the informant’s failure to produce witnesses despite assurances warrants a departure from the earlier denial of bail
Legislation cited
- Indian Penal Code — s. 147, 149, 302, 307, 323, 325, 504, 506
Subjects
- bail
- Indian Penal Code
- trial delay
- informant misconduct
- criminal procedure
- serious offences
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47838 of 2025
Arising Out of PS. Case No.-204 Year-2024 Thana- DANAPUR District- Patna
======================================================
Lal Babu Rai S/O Bindeshwar Rai R/O Mohalla- Danapur Pipapull Ghat,
Ward No. 2/19, P.S- Danapur, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. P.N. Sahi, Sr. Advocate
Mr. Amir Alam
For the State : Ms. Sangeeta Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 10-02-2026 Heard learned senior counsel for the petitioner and learned
APP for the State.
2. This is the second attempt on behalf of the petitioner for
grant of bail in connection with Danapur P.S. Case No. 204 of 2024
registered for the offence under Sections 147, 149, 323, 325, 307,
504, 506 of the IPC and added Section 302 of the IPC.
3. Earlier, the bail application of the petitioner has been
rejected by this Court vide order dated 11.12.2024 passed in Cr.
Misc. No. 76273 of 2024, which reads as follows:
“Heard learned counsel for the petitioner,
learned counsel for the informant and learned APP for
the State.
2. The petitioner seeks bail in connection
with Danapur P.S. Case No. 204 of 2024 registered for
the offence under Sections 147, 149, 323, 325, 307,
504 and 506 of the Indian Penal Code and
Patna High Court CR. MISC. No.47838 of 2025(4) dt.10-02-2026
2/3
subsequently Section 302 of the Indian Penal Code was
also added.
3. As per the prosecution case, the petitioner
and others are said to have assaulted the deceased.
4. During investigation, it has come that the
accused persons have assaulted the deceased by hard
and blunt substance.
5. Learned counsel for the informant has
opposed the application of the petitioner and has
assured this Court that the prosecution will not delay
the trial and will produce the witnesses on the dates
fixed.
6. Considering the serious allegations
levelled against the petitioners, this Court is not
inclined to grant bail to the petitioners.
7. Accordingly, this application is dismissed.
8. The trial of the petitioner is directed to be
expedited.
4. From perusal of the order dated 11.12.2024, it appears
that learned counsel for the informant has assured the Court that the
prosecution will not delay the trial and will produce the witnesses on
the dates fixed. Today, it is not in dispute that not even a single
witness has been examined in the trial by the prosecution and today
again, the learned counsel for the informant submits that he will
examine the witnesses within a stipulated period.
5. The informant cannot be allowed to act in such a
callous manner and oppose the prayer for bail without producing the
witnesses in the Court during the trial despite having given an
Patna High Court CR. MISC. No.47838 of 2025(4) dt.10-02-2026
3/3
assurance to this Court that the witnesses shall be produced on the
dates fixed.
6. The petitioner is in custody since 10.08.2024.
7. Considering the period of custody, the delay in trial and
the misconduct of the informant, this application is allowed.
8. Let the petitioner, above named, 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
A.C.J.M.-I, Danapur in connection with Danapur P.S. Case No. 204
of 2024.
9. As a condition of this order, the petitioner after being
released on bail, is directed to co-operate in the trial either by
appearing personally or through his lawyer in the trial Court on each
and every date fixed by the trial Court. Non-compliance of the
condition will result in cancellation of the bail bonds of the
petitioner.
(Sandeep Kumar, J)
priyanka/-
U T
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