Patna High CourtCR. MISC./35927/2021bail granted

Rahul Kumar v. The State Of Bihar

2021-08-04Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35927 of 2021 Arising Out of PS. Case No.-113 Year-2020 Thana- MAHUA District- Vaishali ====================================================== RAHUL KUMAR Son of Shiv Chandra Rai Resident of Village - Mahua Bazidpur, Madhaul, P.S.- Mahua, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar Singh For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-08-2021 The matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

This application for regular bail arises out of Mahua P.S. Case No. 113 of 2020, disclosing offence punishable under Sections 413, 414 of the Indian Penal Code and Sections 25(1b) A, 26 of the Arms Act. The petitioner is in custody since 05.03.2020. His application for regular bail was earlier rejected by this Court by an order dated 07.12.2020, passed n Cr. Misc. No. 33147 of 2020.

Allegedly, the petitioner was apprehended by the police during course of normal checking and on search he was found carrying one loaded country-made pistol. While rejecting

Patna High Court CR. MISC. No.35927 of 2021(2) dt.04-08-2021 2/2 the petitioner's prayer for bail, it was observed by this Court that if there was no substantial progress at the trial, the petitioner shall be at liberty to renew his prayer for bail after three months. Accordingly, this application has been filed renewing the prayer for bail.

Considering the nature of accusation and the petitioner's incarceration in the background of this Court's order dated 17.12.2020, passed in Cr. Misc. No. 33147 of 2020, this application is allowed.

Let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand), with two sureties of the like amount, each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in Mahua P.S. Case No. 113 of 2020.

(Chakradhari Sharan Singh, J) Rajesh/- U T