Abhishek Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8220 of 2020 Arising Out of PS. Case No.-301 Year-2018 Thana- BIDUPUR District- Vaishali ====================================================== Abhishek Kumar Singh Son of Uma Shankar Singh Resident of Village - Chapar, P.S.- Mohiuddin Nagar, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-07-2020 This matter has been taken up through Video Conferencing.

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

The petitioner is languishing in custody for the offences punishable under Sections 399/402/414 of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act. The petitioner is in custody since 12.08.2018. A loaded country-made pistol was recovered from the possession of the petitioner. The petitioner has got criminal antecedent. In the circumstance, prayer for bail was refused on 21.06.2019 in Cr. Misc. No.16454 of 2019 with liberty to renew the prayer before the Court-below if the trial is not concluded within six months from the date of framing of the charge.

Patna High Court CR. MISC. No.8220 of 2020(2) dt.03-07-2020 2/2 Learned counsel for the petitioner submits that the petitioner renewed the prayer for bail which was declined by the impugned order only for the reason that co-accused Deepak Kumar Singh who is on bail has jumped the privilege of bail. Considering the period already undergone by the petitioner and no chance of conclusion of trial in near future due to Covid-19, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Bidupur P.S. Case No.301 of 2018, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T