Abhijeet Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13825 of 2020 Arising Out of PS. Case No.-527 Year-2019 Thana- SUPAUL District- Supaul ====================================================== Abhijeet Singh Male aged about 20 years Son of- Late Harshbardhan Singh Resident of Village - Baruari East, P.S.- Supaul, Dist - Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Mohan Jha For the Opposite Party/s :

Mrs. Anita Kumari Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-08-2020 Heard Mr. Chandra Mohan Jha, learned counsel for the petitioner and Mrs. Anita Kumari Singh, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Supaul ( Lokaha O.P.) P.S. Case No. 527 of 2019 registered for the offence punishable under Sections 25 (1-b)a / 26 / 35 of the Arms Act .

The allegation against the petitioner as per the First Information Report is that the Police got information that some miscreants accosted one Chandan Kumar Yadav and looted his money, mobile and other belongings and fled away towards Baruari. It has further been alleged that Police got information that some miscreants are hiding themselves near Baruari

Patna High Court CR. MISC. No.13825 of 2020(5) dt.31-08-2020 2/3 Railway Station, proceeded towards the place of occurrence and recovered one loaded pistol from the possession of the petitioner.

Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged. Learned counsel further submits that for the same occurrence two F.I.Rs. have been lodged inasmuch as Supaul (Lokaha O.P.) P.S. Case No. 526 of 2019 was registered against the petitioner under Section 392 of the I.P.C. in which the petitioner has been granted bail by the lower court itself. Learned counsel further submits that similarly situated co-accused has been granted bail by this court in Cr. Misc. No. 18908 of 2020. Learned counsel next submits that petitioner has remained in custody since 7.8.2019 i.e. for more than one year.

Having regard to the submissions made by the parties and taking into consideration the fact that other co-accused has been granted bail by this court and petitioner is in custody for more than one year, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each

Patna High Court CR. MISC. No.13825 of 2020(5) dt.31-08-2020 3/3 to the satisfaction of learned Chief Judicial Magistrate, Supual / court concerned in connection with Supaul (Lokaha O.P.) P.S. Case No. 527 of 2019 on the following conditions:- (i) that the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(ii) that one of the bailors shall be own relative of the petitioner.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J) praful/- U T