Patna High Court
Manoj RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The bail petition was dismissed as there were no fresh grounds to reconsider the earlier denial.
Summary
Manoj Rai was arrested in connection with a murder case (Sections 302/34 IPC) and illegal possession of arms (Section 27 Arms Act). He has been in judicial custody since 13 June 2024. A prior bail application was rejected by a coordinate bench, which noted specific allegations of firing on the deceased and ordered the trial to be expedited. The petitioner filed a fresh bail petition, arguing that his continued detention was without reason. The State opposed the bail, and the court found no fresh ground to revisit the earlier decision. Consequently, the bail petition was rejected again, with a directive to the trial court to complete the trial within five months, after which the petitioner may renew his bail application.
Issues considered
- Whether the petitioner is entitled to bail in the absence of any fresh ground after a prior bail denial
- Whether continued judicial custody without trial violates the petitioner’s rights
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 302, 34
Subjects
- bail
- murder
- IPC
- Arms Act
- judicial custody
- trial expeditious
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85399 of 2025
Arising Out of PS. Case No.-336 Year-2024 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Manoj Rai S/O late Meghnath Rai R/o- Medhwalia, P.S.- Chapra Muffasil,
Distt. - Saran
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dewanand Tiwari, Advocate
For the Opposite Party/s : Mr.Bishweshwar Ram, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with S.Tr.
No. 898 of 2025, arising out of Chapra Muffasil P.S. Case No.
336 of 2024, instituted for the offences under Sections 302/34
of the Indian Penal Code and Section 27 of the Arms Act.
3. Earlier vide order dated 07.07.2025 passed in Cr.
Misc. No. 7464 of 2025 regular bail of the petitioner was
rejected by a co-ordinate Bench of this Court considering the
fact that there is specific allegation of firing on the deceased
against the petitioner with a direction to the learned trial Court
to expedite the trial of the petitioner at the earliest.
4. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 13.06.2024
Patna High Court CR. MISC. No.85399 of 2025(2) dt.15-01-2026
2/2
without any rhymes or reason.
5. Learned APP for the State opposes the prayer for
grant of bail.
6. There is no fresh ground to consider the bail petition
of the petitioner.
7. In view of the above, the prayer for bail of the
petitioner is again rejected with a direction to the court below to
expedite the trial and conclude the same expeditiously
preferably within a period of five months from today. If the trial
is not concluded within the period of five months, as stated
above, the petitioner will be at liberty to renew his prayer before
the court below.
(Rudra Prakash Mishra, J)
manish/-
U T
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