Satish Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21377 of 2024 Arising Out of PS. Case No.-778 Year-2022 Thana- TEKARI District- Gaya ====================================================== Satish Kumar Mishra S/O Babhan Mishra @ Baran Mishra Resident Of Village-Badddopur, P.S.-Kinjer, District-Arwal, Present Address VillageBaheliya, Bigha, P.S.-Tekari, District-Gaya. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar Chakravarti For the Opposite Party/s :

Mr. Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the state.

The instant application is renewed by the petitioner for regular bail which has been filed in connection with Tekari P.S. Case No. 778 of 2022 instituted for the offence u/s 364, 302/34 Earlier the application for regular bail of the petitioner was rejected by order dated 25.07.2023 passed in Cr. Misc. No. 11811 of 2023 with an observation to learned trial court to expedite the trial and conclude the same as earliest.

Patna High Court CR. MISC. No.21377 of 2024(3) dt.26-04-2024 2/3 It is a case of commission of murder of the father of the informant.

Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. and his name subsequently sprang up on the confessional statement of co-accused Manju Devi. Several co-accused persons have been granted bail by co-ordinate Bench of this Court. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 17.11.2022.

From perusal of the trial court report (kept at flag A), it appears that there is no progress in the trial of this case as none witness has been examined till now. There is no hope to conclude the trial in near future. Learned A.P.P. appearing on behalf of the State vehemently opposed the prayer of bail and submitted that dead body of informant's father was recovered as mentioned in para 37 of the Case diary.

Patna High Court CR. MISC. No.21377 of 2024(3) dt.26-04-2024 3/3 Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Tekari P.S. Case No. 778 of 2022 on 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 Chief Judicial Magistrate, Gaya.

(Sunil Kumar Panwar, J) Nirajkrs/- U T