Nikki Rai @ Bhuiyan @ Nikki Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42349 of 2021 Arising Out of PS. Case No.-34 Year-2018 Thana- MANSAHI District- Katihar ====================================================== NIKKI RAI @ BHUIYAN @ NIKKI BHUIYAN Son of Srilal Bhuiyan R/OHariprasad, P.S.- Mansahi, Distt.- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yogesh Chandra Verma (Sr. Advocate) :

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

Ms.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 15-09-2021 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. This application for grant of regular bail arises out of Mansahi P.S. Case No. 34 of 2018 registered for the offences punishable under Sections 366A, 364 and 506/34 of the Indian Penal Code.

Mr. Yogesh Chandra Verma, learned Senior counsel appearing on behalf of the petitioner has submitted that the petitioner is in custody since 14.04.2018. His prayer for regular bail was earlier rejected twice. When his application was last rejected by this Court by an order dated 20.08.2020 passed in

Patna High Court CR. MISC. No.42349 of 2021(3) dt.15-09-2021 2/2 Cr. Misc. No. 21382 of 2020, it was observed that if there was no perceptible progress at the trial, the petitioner shall be at liberty to renew his prayer for bail after six months. Learned Senior counsel appearing on behalf of the petitioner has submitted that the last witness was examined on 27.02.2020 and thereafter no witness has been examined. Considering the aforesaid submission in the background of the observation made in the order dated 20.08.2020 passed in Cr. Misc. No. 21382 of 2020, this application is allowed, since the petitioner has remained in custody during the pendency of trial for more than three years. 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 A.D.J. 1st -cum- Special Judge, Katihar in Mansahi P.S. Case No. 34 of 2018.

(Chakradhari Sharan Singh, J) AKASH/- U T