Patna High CourtCR. MISC./18614/2020bail granted

Subhash Pandey @ Subash Pandey v. The State Of Bihar

2021-02-02Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18614 of 2020 Arising Out of PS. Case No.-249 Year-2019 Thana- BODHGAYA District- Gaya ====================================================== SUBHASH PANDEY @ SUBASH PANDEY Son of Ramji Pandey Resident of Village - Bhakura, Simari, P.S.- Simari, District - Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramashish, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-02-2021 Heard Mr. Ramashish, learned counsel for the petitioner and Mr. Umanath Mishra, Additional Public Prosecutor for the State.

2. Petitioner seeks regular bail in connection with Bodh Gaya PS Case No. 249/2019 registered for the offence punishable under Sections 467, 468, 471, 420 of the IPC and Section 25(1-B) A/26 of the Arms Act.

3. This is the second attempt for regular bail made on behalf of the petitioner inasmuch as the bail application of the petitioner was earlier rejected by a Co-ordinate Bench of this Court in Cr. Misc. No. 47664/2019 vide order dated 07.08.2019 with a liberty to renew his prayer for bail after six months if no substantive progress is made in the trial.

4. The allegation, as per First Informant Report,

Patna High Court CR. MISC. No.18614 of 2020(3) dt.02-02-2021 2/3 against the petitioner is that he was found in possession of fire arm on the basis of forged license.

5. Learned counsel for the petitioner submits that the petitioner is in custody since 06.06.2019 and a report by this Court was called for vide order dated 04.06.2020 regarding stage of the trial, in pursuance thereof, a report has been furnished by Judicial Magistrate 1st Class, Gaya vide letter No. 22 dated 15.06.2020 and from perusal of the same, it appears that charges have been framed against the petitioner on 07.11.2019 and no witness has been examined since then.

6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that the trial has not made any progress and the petitioner has remained in custody since 06.06.2019, I am inclined to granted regular bail to the petitioner.

7. Accordingly, let the petitioner, SUBHASH PANDEY @ SUBASH PANDEY be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Sumeet Kumar Singh, learned Judicial Magistrate 1st Class, Gaya/ the court conderned in connection with Bodh Gaya PS Case No. 249/2019.

Patna High Court CR. MISC. No.18614 of 2020(3) dt.02-02-2021 3/3

8. Needless to say that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing.

(Anil Kumar Sinha, J) perwez U T