Dipu Kumar @ Deepu Singh @ Ravi Bhushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15782 of 2021 Arising Out of PS. Case No.-300 Year-2020 Thana- BELAGANJ District- Gaya ====================================================== DIPU KUMAR @ DEEPU SINGH @ RAVI BHUSHAN KUMAR Son of Ram Naresh Singh Resident of Village- Rauna Tola, Mahadeo Bigha, P.S.- Belaganj, District- Gaya, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State through virtual mode.
Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner is apprehending his arrest in connection with Belaganj P.S. case No.300 of 2020 registered under Sections 147, 148, 149, 341, 323, 353, 385 of the Indian Penal Code.
Patna High Court CR. MISC. No.15782 of 2021(2) dt.04-01-2022 2/3 Allegation is that the accused persons including the petitioner came variously armed with iron rod and weapons and co-accused Santosh pointed pistol on the informant and the accused persons including the petitioner assaulted two guards. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. As per the allegation, the accused persons had taken the truck in question in their custody.
On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.
Considering the facts and circumstances, the
Patna High Court CR. MISC. No.15782 of 2021(2) dt.04-01-2022 3/3 petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Additional Chief Judicial Magistrate XI, Gaya in connection with Belaganj P.S. case No.300 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.
(Sudhir Singh, J) Narendra/- U T