Niti Ranjan Pratap v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32067 of 2020 Arising Out of PS. Case No.-44 Year-2017 Thana- AGAMKUAN District- Patna ====================================================== NITI RANJAN PRATAP S/o Late Sri Ram Pukar Singh permanently at Village/Mohalla-Bishunpur, P.S.-Wazirganj, District-Gaya, Presently at Veena Vihar Apartment, P.S.-Rupaspur, District-Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Vigilance Bureau, Patna. Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Avinash Kumar Singh For the Opposite Party/s :

Mr. Ajay Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-12-2020 Heard Mr. Manish Kumar-II, the learned counsel for the petitioner, and the learned counsel for the State. The matter has been taken up through video conferencing.

The petitioner seeks bail in Special Case No. 11/ 2017, arising out of Agamkuan P.S. case No. 44/2017 registered u/s 419, 420, 467, 468, 471, 120B and 34 of the IPC, Section 66(D) of the I.T. Act and Section 7/8/9/13 (1) (c)(d)(e) read with Section 13(2) of the Prevention of Corruption Act. The learned counsel for the petitioner submits that prayer for bail of the petitioner was earlier rejected vide orders passed in Cr. Misc. No. 27285 of 2017, Cr. Misc. No. 32422 of 2018 and in Cr. Misc. No. 51186 of 2019. The petitioner again moved for bail in Cr. Misc. No. 21447 of 2020 but the same was withdrawn. It is submitted that petitioner is in custody since 24.02.2017. The petitioner has already remained in jail for more

Patna High Court CR. MISC. No.32067 of 2020(2) dt.03-12-2020 2/2 than three years and nine months and the trial is not likely to be concluded in near future. Mr. Sudhir Kumar, the Chairman of Bihar Staff Selection Commission, the main accused, has already been granted bail by the Hon'ble Supreme Court vide SLP (Crl.) No. 3441/2020 on the ground that he remained in jail for three years and seven months. Keeping in view the period of incarceration in jail before trial Parmeshwar Ram, the Secretary of BSSC was also granted bail Yesterday.

Mr. Ajay Mishra, the learned counsel for the State, did not dispute the facts and submits that trial is not likely to be concluded in near future.

Considering the facts aforesaid and the nature of allegation made against the petitioner, the petitioner, above named, is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge, Vigilance 1st, Patna in connection with Special Case No. 11/ 2017, arising out of Agamkuan P.S. case No. 44/2017. (Prabhat Kumar Jha, J) BKS/- U T