Patna High CourtCR. MISC./69/2024bail granted

Ganesh Kumar v. The State Of Bihar

2024-01-19Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69 of 2024 Arising Out of PS. Case No.-53 Year-2021 Thana- BIND District- Nalanda ====================================================== GANESH KUMAR Son of Ramshalok Yadav @ Ram Slok Prasad R/o vill - Krishna Bigha, P.s. - Hilsa, Distt. - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Chandra Pandey, Adv.

For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-01-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Bind P.S. Case No. 53 of 2021 dated 24.04.2021 registered for the offence(s) punishable under Section(s) 395, 412 of the Indian Penal Code.

3. The main submission advanced by learned counsel for the petitioner are that the petitioner earlier preferred Cr. Misc. No. 35102 of 2022 for the relief of regular bail which was rejected by this Bench giving liberty to the petitioner to renew his prayer for bail after one and half year but thereafter no progress was made in his trial and then the petitioner again

Patna High Court CR. MISC. No.69 of 2024(3) dt.19-01-2024 2/3 approached this court by way of Cr. Misc. No. 32275 of 2023 which was also rejected by this Bench and again the petitioner was given liberty to renew his prayer for bail after three months from the date of that order but thereafter also no progress has been made in the petitioner's trial and it is still at the same stage. Further submissions are that petitioner has been languishing in jail since 26.06.2021 and co-accused persons, namely, Manish Kumar and Rakesh Kumar have been granted bail by a co-ordinate Bench of this court vide order passed in Cr. Misc. No. 40710/ 2022 and the petitioner was made accused only on the basis of suspicion, though against him, there are seven cases but he has got bail in all the said cases.

4. Learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly taking into account the petitioner's long judicial custody period as well as prosecution's lingering attitude in concluding the petitioner's trial, in my opinion, in the said circumstances, the petitioner now deserves to the privilege of bail. Accordingly, let the petitioner named-above be released on bail in connection with Bind P.S. Case No. 53 of 2021 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.69 of 2024(3) dt.19-01-2024 3/3 each to the satisfaction of the Court concerned. (Shailendra Singh, J) BKS/- U T