Deepu Singh @ Deepu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35365 of 2021 Arising Out of PS. Case No.-327 Year-2019 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== DEEPU SINGH @ DEEPU KUMAR SINGH Son of Bhola Singh Resident of Village- Dhanaiya, P.S.- Sahebganj, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raju Kumar, Advocate For the Opposite Party/s :

Mr. Mushtaque Alam, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-07-2021 Heard Mr. Raju Kumar, learned counsel for the petitioner and Mr. Mushtaque Alam, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Sahebganj P.S. Case No. 327 of 2019 registered for the offence punishable under Section 394 of the Indian Penal Code and Section 27 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 19.10.2020 passed in Cr. Misc. 23067 of 2020 with liberty to renew his prayer for grant of regular bail after six months. The allegation as per the First Information Report is that the brother of the informant while going to Sahebganj

Patna High Court CR. MISC. No.35365 of 2021(2) dt.14-07-2021 2/3 Pratappatti on his Motorycle was intercepted by unknown Motorcycle borne miscreants who fired upon him, due to which, brother of the informant namely, Krishna Kumar, received bullet injury in his ribs and the miscreants took away the Motorcycle of the injured bearing registration No. BR06AX-4692. Learned counsel for the petitioner submits that the petitioner is not named in the First Information Report and his name transpired on the basis of confessional statement of coaccused Mukesh Kumar before the Police. Learned counsel further submits that the petitioner is in custody since 16.11.2019 and charge sheet has already been submitted in the matter and there is no likelihood that the petitioner will abscond or tamper with the evidence.

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 16.11.2019, charge sheet has already been submitted and the trial is not likely to be concluded in near future due to pandemic as well as this is second attempt for bail on behalf of the petitioner, 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/-

Patna High Court CR. MISC. No.35365 of 2021(2) dt.14-07-2021 3/3 (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st (West), Muzaffarpur, in connection with Sahebganj P.S. Case No. 327 of 2019.

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