Rajnish Kumar Mishra @ Ranu Mishra @ Rajnish Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55723 of 2021 Arising Out of PS. Case No.-17 Year-2020 Thana- PATLIPUTRA District- Patna ====================================================== Rajnish Kumar Mishra @ Ranu Mishra @ Rajnish Mishra S/O Upendra Kumar Mishra R/O Banu Chapar, Kali Kunj, Near Mandit, Sant Kabir Road, Ward No.03, P.S.-Mufassil Beiitah, Bihar.

... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Dayanand Singh, Advocate Mr. Nagadeo Choubey, Advocate Mr. Dhananjay Kashyap, Advocate For the Opposite Party :

Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-01-2022 This application has been taken up for online hearing through video conference because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for regular bail arises out of Patliputra P.S. Case No. 17 of 2020 disclosing offence punishable under Sections 365, 120B and 34 of the Indian Penal Code and later under Section 364(A), 120B, 379 and 34 of the Indian Penal Code, during the investigation.

The petitioner's prayer for bail was earlier rejected by

Patna High Court CR. MISC. No.55723 of 2021(4) dt.05-01-2022 2/3 an order dated 19.02.2021 passed in Cr. Misc. No. 33996 of 2020 with an observation that if no charge was framed within six months from the said date, the petitioner shall be at liberty to renew his prayer for bail. Accordingly, the petitioner has filed this application renewing prayer for bail.

In view of the observation made in the order dated 19.02.2021, a report was called for from the court below as regards present stage of the trial. It appears that the charge has been framed on 17.09.2021 and the case record is pending for prosecution evidence.

Learned counsel appearing on behalf of the petitioner has submitted that the petitioner is in custody since 13.01.2020. He submits that the petitioner will present himself before the court below as and when required if allowed the privilege of bail.

Considering the facts and circumstances, observations made by this Court in the order dated 19.02.2021 passed in Cr. Misc. No. 33996 of 2020 and the fact that there is no substantial progress at the trial, this application is allowed. Let the petitioner, above-named, 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

Patna High Court CR. MISC. No.55723 of 2021(4) dt.05-01-2022 3/3 learned A.D.J. XXIV, Patna in Patliputra P.S. Case No. 17 of 2020.

(Chakradhari Sharan Singh, J) K.K.RAO/- U T