Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21466 of 2021 Arising Out of PS. Case No.-105 Year-2020 Thana- BIBHUTIPUR District- Samastipur ====================================================== DHIRAJ KUMAR Son of Gauri Shankar Singh Resident of VillageSakhmohan, Ward No. 3, P.S.- Bibhutipur, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Anand, Advocate For the Opposite Party/s :

Mr. Matloob Rab, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-07-2021 Heard Mr. Vijay Anand, learned counsel for the petitioner and Mr. Matloob Rab, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Bibhutipur P.S. Case No. 105 of 2020 registered for the offences punishable under Sections 25(1-B)(a) and 26 of the Arms Act.

This is second attempt for grant of regular bail on behalf of the petitioner inasmuch as earlier the bail application of the petitioner was rejected by this Court vide order dated 23.11.2020 passed in Cr. Misc. 28586 of 2020 with liberty to renew his prayer for grant of regular bail

Patna High Court CR. MISC. No.21466 of 2021(2) dt.14-07-2021 2/3 afresh after three months.

The allegation against the petitioner is that one loaded gun with cartridge was recovered from possession of the petitioner.

Learned counsel for the petitioner submits that petitioner has not committed any offene in the manner alleged and he is in custody since 9.5.2020 and charge sheet has already been submitted in the matter. Learned counsel further submits that while rejecting the bail application of the petitioner, this Court had granted the petitioner liberty to renew his prayer for bail after three months. Having regard to submission made by the parties and taking into consideration the materials on record, the fact that the petitioner is in custody since 9.5.2020, charge sheet has already been submitted and the trial is not likely to be concluded in near future due to pandemic, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.,

Patna High Court CR. MISC. No.21466 of 2021(2) dt.14-07-2021 3/3 Rosera, in connection with Bibhutipur P.S. Case No. 105 of 2020.

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

(Anil Kumar Sinha, J) S.Ali/- U T