Patna High CourtCR. MISC./84119/2023bail granted

Ranvir Kumar v. The State Of Bihar

2024-02-02Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84119 of 2023 Arising Out of PS. Case No.-17 Year-2021 Thana- MAIN P.S. District- Gaya ====================================================== RANVIR KUMAR Son of Nagendra Yadav R/o vill - Chatar, P.S. - Makhdumpur, Distt. - Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar, Advocate For the Opposite Party/s :

Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-02-2024

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

2. Petitioner seeks regular bail in connection with Main P.S. Case No. 17 of 2021 dated 30.03.2021 registered for the offence(s) punishable under Section(s) 147, 148, 149, 341, 323, 324, 379, 386, 307, 504, 506 read with section 34 of the Indian Penal Code and section 27 of Arms Act.

3. The main submissions advanced by learned counsel for the petitioner are that the petitioner earlier preferred Cr. Misc. No. 30046 of 2022 for the relief of regular bail which was rejected by this court vide order dated 19.10.2022 and in the said order the petitioner was given a liberty to renew his bail

Patna High Court CR. MISC. No.84119 of 2023(3) dt.02-02-2024 2/3 prayer after one year from the date of that order if his trial is not concluded within the said period but the petitioner's trial is still running and no significant progress has been made in his trial and in this regard, the report sent by the trial court may be perused. Further submissions are that the petitioner has been languishing in jail since 04.10.2021 and as per allegation the informant sustained fire-arm injury on non-vital part of his body and against the petitioner, there is no allegation of having fired repeatedly at the informant.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Considering the above submissions and mainly taking into account the petitioner's custody period and also, the fact, that as per the status report regarding the petitioner's case sent by the trial court, the charges were framed upon the petitioner on 24.07.2023 but thereafter not a single wittiness has been produced by the prosecution despite giving five opportunities in this regard which shows the prosecution's lingering attitude in the trial of the petitioner, in my opinion, in the said circumstance, the petitioner now deserves to the privilege of bail. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs.10,000/-(Ten

Patna High Court CR. MISC. No.84119 of 2023(3) dt.02-02-2024 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Main P.S. Case No. 17 of 2021.

(Shailendra Singh, J) Rajiv/- U T