Balram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23359 of 2020 Arising Out of PS. Case No.-6 Year-2017 Thana- HABIBPUR District- Bhagalpur ====================================================== Balram Kumar S/o Late Chunchun Mandal Resident of Shivajinagar, Koiritola, Police Station-Habibpur, District-Bhagalpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar For the Opposite Party/s :

Dr. Mritunjay Kumar Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 09-10-2020 Filing through email of the present application has been accepted in view of the out-break of COVID-19 Pandemic and has been posted before me for hearing through video conferencing.

The application is apparently not in accordance with the provisions prescribed under the Patna High Court Rules, which do not contemplate filing of application through email. Inspite of that, considering the extra-ordinary situation, filing of the present application has been allowed through email. Considering the situation prevailing, the Court has considered, for the present, to ignore the deficiency in filing of the application.

Heard learned counsel for the petitioner and

2/3 learned counsel for the State.

The Petitioner seeks bail in connection with Habibpur P.S. Case No. 6 of 2017 registered for the offences punishable under Sections 147, 148, 149, 353, 332, 333, 427, 283, 295 and 120B of the Indian Penal Code, Section 27 of the Arms Act and Section 3 Prevention of Damage Public Property Act, 1984.

Considering that co-accused Jai Gobind Verma whose case is identically situated as that of the petitioner has already been granted bail by a Bench of this Court vide order dated 11.12.2018 passed in Cr. Misc. No. 61957 of 2018, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- 12th, Bhagalpur in connection with Habibpur P.S. Case No. 6 of 2017.

Since the court proceedings are being conducted through virtual mode and normal court functioning has not been restored till date, it is considered appropriate to adopt the following procedure for communication of the present order:- (i) The order, which has been dictated during the course of proceeding of the virtual court, shall be

3/3 communicated to me on my email by the Sr.

Secretary.

(ii) The corrected copy of the order shall be transmitted by me from my email id to the Sr. Secretary, which shall be treated to be an authentic copy of the order passed by this Court in the present proceeding. (iii) Hard copy of the order duly signed by me shall be preserved in my residential office for documentation and future use, if any.

(iv) Let a copy of the order be sent to Mr. Praveen Kumar, learned counsel for the petitioner also on his email.

(v) Let steps be taken by the Sr. Secretary/registry for uploading of the present order without compromising with the norms of social distancing.

rohit/- (Ashwani Kumar Singh, J) U T