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Patna High Court

Laxman RajbanshiversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The court held that bail could not be granted as the trial was nearing its conclusion.

Summary

The petitioner, Laxman Rajbanshi, was charged under Sections 147, 148, 149, 341, 323, 324 and 302 of the Indian Penal Code in a case registered in 2020. He applied for regular bail, having previously had his bail petition rejected by a coordinate bench of the Patna High Court, which also directed the trial court to expedite the proceedings. The High Court later ordered the Superintendent of Police to report on the production of prosecution witnesses, and the police subsequently confirmed that all witnesses, including the doctor and investigating officer, had been examined. The court observed that the trial was on the verge of conclusion and therefore deemed it inappropriate to grant bail at this stage. Consequently, the bail application was rejected.

Issues considered

  • Whether regular bail can be granted when the trial is on the verge of conclusion for offences punishable under Sections 147, 148, 149, 341, 323, 324 and 302 IPC
  • Whether the direction to expedite the trial and the completion of witness examination affect the grant of bail

Legislation cited

Subjects

  • regular bail
  • IPC sections 147-149
  • IPC sections 302
  • trial stage
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70967 of 2025
                       Arising Out of PS. Case No.-171 Year-2020 Thana- RAJAOLI District- Nawada
                 ======================================================
                 Laxman Rajbanshi S/o Ramotar Rajbanshi R/o Village- Garhpar, Rajauli,
                 P.S.- Rajauli, District- Nawada

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Birendra Kumar
                 For the Opposite Party/s :       Mr.Dr. Ajeet Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   13-02-2026                          Heard learned counsel for the petitioner as well

                   as learned APP for the State.

                                   2. In this case, the petitioner is seeking regular bail

                   in connection with S.Tr. No. 190 of 2025 arising out of Rajauli

                   P.S. Case No. 171 of 2020, registered for the offences

                   punishable under Sections 147, 148, 149, 341, 323, 324, 302 of

                   IPC.

                                   3. Earlier, the bail petition of the petitioner was

                   rejected by a coordinate Bench of this Court vide order dated

                   22.08.2023 in Cr. Misc. No. 74858 of 2022. While rejecting the

                   bail petition, the coordinate Bench had directed the trial court to

                   expedite and conclude the trial at the earliest.

                                   4. This Court, vide order dated 12.02.2025, directed
           Patna High Court CR. MISC. No.70967 of 2025(5) dt.13-02-2026
                                                       2/2




                     the Superintendent of Police, Nawada to present in the Court

                     through virtual mode and to apprise this Court as to what steps

                     have been taken for production of the witnesses in the court. In

                     compliance of that order, the Superintendent of Police, Nawada

                     appeared through virtual mode on 19.12.2025 and apprised this

                     Court that he is taking best efforts to procure the examination of

                     all the remaining prosecution witnesses within one month.

                                     5. The learned APP for the State produced letter no.

                     121 dated 29.01.2026 sent by S.P., Nawada which shows that all

                     the prosecution witnesses including the doctor and the I.O. have

                     been examined.

                                     6. The trial is on the verge of its conclusion, so it is

                     not proper to grant bail to the petitioner at this stage.

                     Accordingly, the bail application of the petitioner is rejected.


                                          (Nawneet Kumar Pandey, J)

kundan/-

U      T


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