Nand Lal Kumar @ Ganesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32322 of 2021 Arising Out of PS. Case No.-36 Year-2015 Thana- DULHIN BAZAR District- Patna ====================================================== NAND LAL KUMAR @ GANESH KUMAR Son of Sri Baban Prasad @ Baban Paswan Resident of Village - Piplama, P.S.- Naubatpur, District - Patna. Present address Village G.I.D, P.S.- Dulhin Bazar, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sachchidanand Choudhary, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-09-2021 Heard Mr. Sachchidanand Choudhary, learned counsel for the petitioner and Mr. Tarun Prasad Mandal, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner renews his prayer for grant of regular bail in connection with Sessions Trial No. 233 of 2021 arising out of Dulhin Bazar P.S. Case No. 36 of 2015 registered for the offence punishable under Section 302 of the Indian Penal Code and Section 27 of the Arms Act.

From perusal of the First Information Report, it appears that there is direct allegation against the petitioner of firing upon the deceased. Accordingly, earlier bail application of the petitioner was rejected by this Court vide order dated

Patna High Court CR. MISC. No.32322 of 2021(4) dt.15-09-2021 2/2 25.11.2019 passed in Cr. Misc. 53618 of 2019 with liberty to renew his prayer for grant of regular bail in accordance with law after one year.

Learned counsel for the petitioner submits that due to Covid-19 pandemic, the trial is not likely to be concluded and the petitioner has remained in custody since 9.5.2019 i.e. about more than two years.

Regard being had to the submission made by the parties and the fact that there is direct allegation of firing against the petitioner and the petitioner is main assailant, I am not inclined to grant regular bail to the petitioner at this stage. Accordingly, the prayer for grant of regular bail of the petitioner stands rejected.

However, the petitioner may renew his prayer for bail after six months if the trial does not register any progress. (Anil Kumar Sinha, J) S.Ali/- U T