Ravi Kumar Mishra @ Ravi Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12234 of 2021 Arising Out of PS. Case No.-319 Year-2014 Thana- KADAMKUAN District- Patna ====================================================== RAVI KUMAR MISHRA @ RAVI MISHRA S/O DILIP MISHRA R/O VILLAGE-BHADESER (BHADRESHWAR), POLICE STATIONJOGBANI (BATHNAHA), DISTRICT-ARARIA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-08-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of bail in a case registered for the offence punishable under section 387 of the Indian Penal Code.

Vide order dated 29.6.2021, a report was called for regarding stage of trial which has been received and it discloses that charges have already been framed and case is running for evidence.

It is submitted on behalf of petitioner that petitioner is in custody since 17.6.2019. It is further submitted that petitioner was granted bail at initial stage by Addl. Sessions Judge on

Patna High Court CR. MISC. No.12234 of 2021(3) dt.16-08-2021 2/3 01.11.2014 but this Court has cancelled the bail granted by the court below vide order dated 08.04.2016 passed in Cr. Misc. no. 17780/2015 and thereafter petitioner preferred SLP (Crl) no. 2763/2017 before the Hon'ble Supreme Court of India and the appeal was dismissed vide order dated 16.2.2017 with observation that the trial may be expedited and concluded as far as possible within a period of three months from the date of receipt of the copy of this Court, though the order was passed by the Apex Court on 16.2.2017 but even thereafter petitioner was remanded and he is in custody for more than two and half year and there is no progress in the trial.

Learned counsel for the State opposes the prayer for bail.

Considering the period of custody, this bail application is allowed. Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna in Kadamkuan P.S. Case no. 319/2014 on the following conditions.

(1) 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/her absence on two consecutive dates without sufficient reason,

Patna High Court CR. MISC. No.12234 of 2021(3) dt.16-08-2021 3/3 his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) s.hassan/- U T