IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30206 of 2025 Arising Out of PS. Case No.-384 Year-2022 Thana- PUNAURA District- Sitamarhi ======================================================

Raja Kumar @ Karan Kumar, S/o Narendra Singh, R/o Village-Khairwa, Ward No. -3, P.S.- Punaura, District- Sitamarhi ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ======================================================

Appearance :

For the Petitioner/s : Mr. Pramod Kumar Sinha, Advocate For the Opposite Party/s : Mr. Rajendra Nath Jha, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

6 09-01-2026 This is the second prayer of bail pressed by petitioner after rejection of his first prayer through Cr. Misc. No.35662 of 2024 dated 01.10.2024, where a direction was also given to learned trial court to conclude the trial at its earliest.

2. In the aforesaid background, it is submitted by learned counsel appearing for the petitioner that the petitioner is in custody since 11.12.2023 and till date, despite of custody of more than two years, not even a single prosecution witness was examined in this case.

3. Considering the aforesaid submission, on last occasion, a report was also called for from the Superintendent of Police, Sitamarhi that what steps for production of charge- sheeted witnesses were taken. In furtherance of which, a report was made available to this Court from office of Superintendent of Police, Sitamarhi dated 10.12.2025 through Letter No.607, from where it appears that out of three witnesses, one witness already died and two witnesses namely, Krishna Raut and Pawan Devi left their home and there is no knowledge about their whereabouts.

4. In view of aforesaid, it can be said safely that the trial of this case is not likely to conclude in near future and same is also amounting to violation of fundamental right of petitioner as available under Article 21 of the Constitution of India qua speedy trial, accordingly, the petitioner, above- named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-I, Sitamarhi in connection with S.Tr. No.611 of 2024 arising out of Punaura P.S. Case No.384 of 2022, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure (for short ‘CrPC’)/under Section 480(3) of the Bhartiya Nagrik Suraksha Sanhita (for short ‘BNSS’) and with further conditions:-

(i) That petitioner shall co-

operate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court only on medical ground of the petitioner duly supported by the documents.

(ii) That the petitioner shall not make any deliberate attempt to delay the trial failing which, the prosecution/State shall be at liberty to press before the learned trial court itself for cancellation of bail bonds of the petitioner, which be decided by learned trial court after giving an opportunity of hearing to the petitioner.

(iii) That the petitioner shall in no way try to induce or influence the witnesses or tamper with the evidences, in any manner, the prosecution/State shall be at liberty to press before the learned trial court itself for cancellation of bail bonds of the petitioner, which be decided by learned trial court after giving an opportunity of hearing to the petitioner.

(Chandra Shekhar Jha, J.)

Sanjeet/- U T