Govind Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35635 of 2021 Arising Out of PS. Case No.-292 Year-2011 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== GOVIND KUMAR SON OF MAHENDRA SAH RESIDENT OF MOHALLA- YOGIAMATH, P.S.- TOWN, DISTRICT- MUZAFFARPUR. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Shekhar Anand, Adv.
For the Opposite Party/s :
Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-06-2021 Heard Mr. Chandra Shekhar Anand, learned counsel for the petitioner and Mr. Yogendra Kumar Singh, Additional Public Prosecutor for the State through video conferencing.
2. Petitioner has renewed his prayer for bail inasmuch as earlier bail application of the petitioner (Annexure-1) was rejected giving him liberty to renew his prayer after six months.
3. The prosecution case, as per FIR, is that unknown miscreants were identified and prevented by the night guard, Govind Bahadur, while they were making theft by breaking locks of a shop. It is further alleged that the said night guard, Govind Bahadur was murdered by the same miscreants.
4. Learned counsel for the petitioner submits that the FIR was lodged against unknown person and the petitioner is
Patna High Court CR. MISC. No.35635 of 2021(2) dt.30-06-2021 2/3 not named in the FIR and his name has transpired in this case on the basis of a confessional statement made by the coaccused. Learned counsel further submits that other co-accused, namely, Prakash Kumar, who allegedly, pierced pointed weapon behind the head of the deceased, has been granted bail by a coordinate Bench of this Court in Cr. Misc. No. 7347/2012 along with other co-accused persons.
5. Learned counsel next submits that petitioner is in custody since 15.03.2020.
6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that similarly situated co-accused persons have been granted bail by co-ordinate Benches of this Court, trial is not likely to be concluded in near future due to pandemic situation and the petitioner is in custody since 15.03.2020, I am inclined to grant regular bail to the petitioner subject to the condition that petitioner will be well represented on each and every date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.
7. Accordingly, let the petitioner, GOVIND KUMAR be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to
Patna High Court CR. MISC. No.35635 of 2021(2) dt.30-06-2021 3/3 the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur/court concerned in connection with Muzaffarpur Town PS Case No. 292/2011.
8. It is made clear that at the time of furnishing bail bonds all the parties shall follow the covid protocol like social/physical distancing and sporting masks. (Anil Kumar Sinha, J) perwez U T