Patna High Court
Laxman RajbanshiversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- NAWNEET KUMAR PANDEY
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
- Indian Penal Code — s. 147, 148, 149, 302, 323, 324, 341
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
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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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