Rishi Sardar @ Manjeet Singh @ Manmit Singh Vs The State of Bihar

Petitioner seeks bail who is in custody since 25.10.2021 in connection with Sessions Trial No. 197 of 2022 arising out of Patliputra P.S. Case No. 463 of 2021, F.I.R. dated 13.09.2021 for the offences punishable under Sections 307, 115, 34, 120(B) and 326 of the Indian Penal Code and Section 27 of the Arms Act.

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Earlier the bail application of the petitioner was rejected by this Court vide order dated 05.09.2023 passed in Cr. Misc. No. 29515 of 2023.

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Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the

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Patna High Court CR. MISC. No.10091 of 2025(3) dt.04-04-2025 2/4

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present case. He further submits that the petitioner is not named in the F.I.R. and the name of the petitioner has been transpired during investigation on the basis of the confessional statement of the co-accused, namely, Amit Kumar Singh which was recorded in Paragraph no. 36 of the case diary and the said Amit Kumar Singh has been granted bail by a Co-ordinate Bench of this Hon’ble Court vide order dated 23.05.2023 passed in Cr. Misc. No. 25992 of 2023. He further submits that similarly situated, co-accused, namely, Rahul Kumar @ Rahul Sinha has also been granted bail by a Co-ordinate Bench of this Court vide order dated 28.03.2023 passed in Cr. Misc. No. 63910 of 2022. The petitioner is in custody since 25.10.2021.

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Vide order dated 14.02.2025 a report was called with regard to present stage of trial. Report of the learned Trial Court dated 20.02.2025 reveals that out of 6 charge sheet witnesses, 3 witnesses have already examined and the case is pending for examination of rest of the prosecution witnesses.

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Learned counsel for the petitioner submits that in view of the report of the learned Trial Court the trial is not likely to be concluded in the near future and the petitioner is in custody since 25.10.2021 i.e. nearly about 3 ½ years and the similarly situated co-accused persons have been granted bail by

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Patna High Court CR. MISC. No.10091 of 2025(3) dt.04-04-2025 3/4

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a Co-ordinate Bench of this Court.

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Learned Additional Public Prosecutor has

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vehemently opposed the prayer for bail of the petitioner and submits that although the name of the petitioner has been transpired on the basis of confessional statement of the coaccused person but the petitioner carries 20 criminal antecedents other than the present one but fairly submits that the petitioner is on bail in all pending cases.

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Considering the aforesaid facts and circumstances, report of learned Trial Court as well as period of custody, 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 District & Sessions Judge-XIX, Patna in connection with Sessions Trial No. 197 of 2022 arising out of Patliputra P.S. Case No. 463 of 2021, subject to the following conditions:-

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i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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ii. If the petitioner tampers with the evidence or the

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witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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(Rajesh Kumar Verma, J)

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Vanisha/-

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U T

Rishi Sardar @ Manjeet Singh @ Manmit Singh v. The State of Bihar

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Rishi Sardar @ Manjeet Singh @ Manmit Singh v. The State of Bihar

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