IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35752 of 2025 Arising Out of PS. Case No.-630 Year-2023 Thana- MANER District- Patna ====================================================== Ashish Kumar @ Matu Kumar @ Mattu S/O Amit Kumar R/O Village- Baluan,PS- Maner, Distt-Patna,Bihar ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Santosh Kumar, Sr. Advocate Mr. Prashant Kumar, Advocate For the State : Mr. Jharkhandi Upadhyay, APP For the informant : Mr. Sanjeev Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL JUDGMENT Date : 12-09-2025 Heard Mr. Santosh Kumar, the learned Senior Counsel for the petitioner, Mr. Jharkhandi Upadhyay, learned APP for the State and Mr. Sanjeev Kumar, the learned counsel for the informant. 2. This is the 3rd attempt on behalf of the petitioner for regular bail in connection with Maner P.S. Case No. 630 of 2023 registered for the offence under Sections 302, 34, 120B of the Indian Penal Code and Section 27 of the Arms Act. 3. Earlier the bail applications of the petitioner was rejected vide order dated 09.04.2024 passed in Cr. Misc. No. 3483 of 2024 and vide order dated 06.12.2024 passed in Cr. Misc. No. 69378 of 2024 and the trial was directed to be Patna High Court CR. MISC. No.35752 of 2025 dt.12-09-2025 2/11 expedited. 4. As per the prosecution story, the informant alleged that when his brother was sitting in his medical shop, due to previous land dispute, the petitioner along with co-accused Chandra Bhushan Singh under a conspiracy sent Chunnu Rai and Bishundhari Rai @ Sipahi Jee along with 4 -5 unknown persons, pretending as buyers of medicines, entered the shop and it is alleged that while unknown persons asked for a medicine, Chuunu Rai and Bishundhari Rai @ Sipahi Jee resorted to indiscriminate firing causing serious injury to the informant's brother. They later, retreated. He was rushed to the Paras Hospital where the Doctor declared him dead. The reason has been assigned that the informant was having land dispute with petitioner’ family for which scuffle took place earlier and petitioner and co-accused Chandra Bhushan Singh had warned him of dire consequences. Accordingly, the present FIR has been lodged. 5. In the trial out of 10 witnesses, no witness has been examined till date. Earlier on 06.12.2024, this Court rejected the prayer of the petitioner for bail and had observed that the prosecution will produce all the witnesses after framing of charge regularly and will not delay the trial i.e., one year and Patna High Court CR. MISC. No.35752 of 2025 dt.12-09-2025 3/11 three months back and thereafter, not even a single witness has been examined. 6. The Senior Superintendent of Police, Patna has sent a report of the trial vide Letter No. 2429 dated 27.08.2025, which reads as follows:- i=kad 2429@foådks ojh; iqfyl v/kh{kd dk dk;kZy;, iVukA çs"kd, ojh; iqfyl v/kh{kd] iVukA lsok esa, lgk;d fuca/kd] ekuuh; mPp U;k;ky;] iVukA iVuk] fnukad:& çlax:& fØåfeå la[;k&35752@2025 vk'kh'k dqekj mQZ ekVq dqekj mQZ eUrq cuke fcgkj jkT; ,oa vU; A fo"k;:&ekuuh; mPp U;k;ky;] iVuk }kjk fnukad&11-07-2025 dks ikfjr vkns'k ds vkyksd esa eusj Fkkuk dkaM la[;k&630@2023 ds xokgksa dks fopkj.k U;k;ky; esa miLFkkfir dj Vªk;y iw.kZ djkus ds laca/k esaA egk'k;] mi;qZä çlaxk/khu fo"k; ds lanHkZ esa lknj çfrosfnr djuk gS fd fØåfeå la[;k&35752@2025 vk'kh'k dqekj mQZ ekVq dqekj mQZ eUrq cuke fcgkj jkT; ,oa vU; esa ekuuh; mPp U;k;ky;] iVuk }kjk fnukad&11-07-2025 dks vkns'k ikfjr fd;k x;k Fkk] ftlesa eusj Fkkuk dkaM la[;k&630@2023 ds xokgks dks xokgh gsrq lacaf/kr U;k;ky; esa miLFkkfir djkdj çfrosnu çfrosnu miyC/k djkus gsrq vknsf'kr fd;k x;k FkkA mi;qZä vkns'k ds vuqikyu gsrq v/kksgLrk{kjh }kjk Fkkuk/;{k] eusj Fkkuk dks funsZf'kr fd;k x;kA fn;s x;s funsZ'k Patna High Court CR. MISC. MISC. No.35752 of 2025 dt.12-09-2025 4/11 ds vkyksd esa eusj Fkkuk }kjk Kkikad&9989@25] fnukad 14-08- 2025 ds ek/;e ls çfrosnu lefiZr fd;k gS tks fuEuor gS%& 1- eusj Fkkuk dkaM la[;k&630@2023 fnukad&30-08- 2023 /kkjk&302@120ch@34 Hkkånåfoå ,oa 27 vkeZ~l ,sDV esa lkf{k;ksa dh dqy la[;k&10 gS rFkk vc rd fdlh dh xokgh ugha gks ldh gSA 2- bl dkaM ds oknh ,oa lk{kh ls laidZ fd;k muds }- kjk crk;k x;k dh ;s çR;sd frfFk dks lk{; gsrq ekuuh; U;k;ky;] esa mifLFkr gks jgsa gS ijUrq lk{; ugha gks ik;k gSA 3- bl dkaM ds lk{kh dh xokgh ugha gks ikus ds lUnHkZ esa t‚p gsrq ekuuh; U;k;ky; igqapk vkSj mä Fkkuk dkaM ds fjdkMZ dk voyksdu fd;kA voyksdu i'pkr ik;k dh bl dkaM ds lk{kh fnukad&03-05- 2025] 09-06-2025 ,oa 14-07-2025 dks lk{; ds fy, ekuuh; U;k;ky;] esa mifLFkr gq, gS ijUrq vfHk;qä ds rjQ ls dksbZ mifLFkr ugha gksus ds dkj.k xokgh ugha gks ik;kA 4- fnukad&03-05-2025 dks vçkFkfudh vfHk;qä ;'koar dqekj mQZ eqUuk firk fo'othr ;kno lkå vgqvkjk Fkkuk ukScriqj ftyk iVuk dk lk{; gsrq ekuuh; U;k;ky; esa vuqifLFkr jgus ds dkj.k csy ckamM [kafMr fd;k x;k Fkk iqu% fnukad 02-08-2025 dks vçkFkfedh vfHk;qä ;'koar dqekj mQZ eqUuk ekuuh; U;k;ky; esa mifLFkr gq, rRi'pkr bUgs ekuuh; U;k;ky; }kjk tekur ij eqä fd;k x;k gSA 5- orZeku esa ;g dkaM lk{; ij gS vkSj vxyh frfFk 02- 09-2025 dks fu/kkZfjr gSA 6- vxyh frfFk&02-09-2025 dks bl dkM ds lkf{k;ksa dks fu'phr :i ls ekuuh; U;k;ky; esa mifLFkr djk;k tk;sxkA lqyHk lanHkZ gsrq eujs Fkkuk ls çkIr çfrosnu dh Nk;k çfr lkFk layXu gSA —i;k lknj lwpukFkZ çsf"krA vuqyXud:- mijksä A fo'oklHkktu ojh; iqfyl v/kh{kd] iVukA Patna High Court CR. MISC. No.35752 of 2025 dt.12-09-2025 5/11 7. As the trial is being delayed, this Court has considered the prayer of the petitioner for regular bail on merits as well as on delay. 8. From the order dated 02.04.2024 passed in Cr. Misc. No. 19687 of 2024, it appears that the deceased was the land broker-cum-land mafia and deceased along with his associates forcibly took photograph and thumb impression of Navratan Devi (Mother of co-accused Jitendra Singh and Shashi Bhushan Singh) on plain paper and got registered five sale deeds without giving any consideration money, for which, a Title Suit No. 341 of 2021 was filed by the co-accuse Jitendra Singh and Shashi Bhushan Singh in the Court of Sub-Judge-V, Danapur. One FIR vide Bihta P.S. Case No. 723 of 2021 was registered under Sections 419, 420, 467, 468/34 of the Indian Penal Code against one Jyoti Devi, with whose connivance, aforesaid deeds were executed, and others for this fraudulent act. Thereafter, this occurrence has taken place and the deceased was killed. 9. During the investigation, the petitioner was arrested and he is said to have made a self-inculpatory statement as per which, he is the liner (informant) in the killing of the deceased. Subsequently, during the scientific investigation, the police has Patna High Court CR. MISC. No.35752 of 2025 dt.12-09-2025 6/11 found out that one Munna Kumar @ Yashwant Kumar, Vikash Kumar and Bhaiya Ji are the shooters and so far as the participation of the petitioner is concerned, there is no material except the self inculpatory statement of the petitioner. The petitioner is in custody since 14.10.2023. 10. The learned Senior Counsel for the petitioner has relied upon a judgment of the Hon’ble Supreme Court in the case of Tapas Kumar Palit V/s State of Chhattisgarh, 2025 SCC OnLine SC 322. 11. Learned A.P.P. for the State and the learned counsel for the informant have vehemently opposed the prayer for bail. The learned counsel for the informant submits that witnesses are being produced by him on the last two dates but they have not been examined by the Trial Judge because of the heavy workload in the Court. 12. I have heard and considered the submissions of the parties and have also gone through the records of the case. 13. From the records it appears that the petitioner is accused in the murder of the deceased and he is in custody since 14.10.2023. Except for his confessional statement, no material has come in the case diary against the petitioner. The petitioner has not been identified in the CCTV footage by any of the Patna High Court CR. MISC. No.35752 of 2025 dt.12-09-2025 7/11 witnesses. The petitioner in his confessional statement has named Chunnu Kumar, Mantu Rai, Awadesh Rai, and Dikesh @ Vikash Singh as his associates. Subsequently, during the investigation, only Munna @ Yashwant Kumar, Vikash Kumar and Bhaiya Ji have been found to have participated in the killing of the deceased. 14. From the aforesaid it is not clear with the police as to who are the killers and the police has not been able to identify the person whose face has been captured in the CCTV footage in the investigation. Earlier the prayer of the petitioner for bail was rejected vide order dated 06.12.2024 passed in Cr. Misc. No. 69378 of 2024 with an understanding that the prosecution will produce the witnesses on the dates fixed in the Trial Court but from the certified copy of the order sheet produced by the informant it appears that the charge was framed on 06.02.2025 and on 28.03.2025 and 11.04.2025, no witness for the prosecution was appeared and on 03.05.2025, because of non- appearance of the accused Munna Kumar and Yashwant Kumar, their bail bonds were cancelled. 15. The petitioner being in the custody since 14.10.2023 is not delaying the trial. It appears that the prosecution is not interested in getting the trial concluded Patna High Court CR. MISC. No.35752 of 2025 dt.12-09-2025 8/11 expeditiously but is interested in keeping the petitioner in custody. 16. The Hon’ble Supreme Court in the case of Tapas Kumar Palit (Supra) in paragraph nos. 10, 14, 15 and 16 has held thus: 10. However, many times we have made ourselves very clear that howsoever serious a crime may be the accused has a fundamental right of speedy trial as enshrined in Article 21 of the Constitution. 14. In this regard, the role of the Special Judge (NIA) would also assume importance. The Special Judge should inquire with the Special Public Prosecutor why he intends to examine a particular witness if such witness is going to depose the very same thing that any other witness might have deposed earlier. We may sound as if laying some guidelines, but time has come to consider this issue of delay and bail in its true and proper perspective. If an accused is to get a final verdict after incarceration of six to seven years in jail as an undertrial prisoner, then, definitely, it could be said that his right to have a speedy trial under Article 21 of the Constitution has been infringed. The stress of long trials on accused persons-who remain innocent until proven guilty-can also be significant. Accused persons are not financially compensated for what might be a lengthy period of pre-trial incarceration. They may also have Patna High Court CR. MISC. No.35752 of 2025 dt.12-09-2025 9/11 lost a job or accommodation, experienced damage to personal relationships while incarcerated, and spent a considerable amount of money on legal fees. If an accused person is found not guilty, they have likely endured many months of being stigmatized and perhaps even ostracized in their community and will have to rebuild their lives with their own resources. 15. We would say that delays are bad for the accused and extremely bad for the victims, for Indian society and for the credibility of our justice system, which is valued. Judges are the masters of their Courtrooms and the Criminal Procedure Code provides many tools for the Judges to use in order to ensure that cases proceed efficiently. 16. In the result, this appeal succeeds and is hereby allowed. The impugned order passed by the High Court is set aside. The appellant is ordered to be released on bail forthwith subject to terms and conditions as may be imposed by the trial court.” (Emphasis Supplied) 17. From the discussions made, it is clear that the petitioner being in custody is entitled to speedy trial and he cannot be kept in custody for an indefinite period. 18. In these circumstances, the application stands allowed. Patna High Court CR. MISC. No.35752 of 2025 dt.12-09-2025 10/11 19. Accordingly, 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 the learned Additional Sessions Judge-V, Danapur/concerned Court below in connection with Maner P.S. Case No. 630 of 2023, subject to the following conditions:- (i). The petitioner will mark his attendance at the Maner Police Station on every Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner; (ii) The petitioner shall appear in the trial regularly either personally or through his lawyer and shall cooperate in the trial and non- cooperation in the trial shall result in cancellation of the bail bond of the petitioner; (iii) Both the bailors should be the family members/relatives of the petitioner who shall provide official document to show his/her bona fide; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the Patna High Court CR. MISC. No.35752 of 2025 dt.12-09-2025 11/11 evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. Shishir/- (Sandeep Kumar, J) AFR/NAFR N.A.F.R. 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