Ashutosh Kumar Pandey @ Ashutosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25730 of 2020 Arising Out of PS. Case No.-355 Year-2018 Thana- KHAGAUL District- Patna ====================================================== Ashutosh Kumar Pandey @ Ashutosh Kumar, S/o Baleshwar Pandey, R/o Village-Raghunathpur, P.S.-Karakat, Gorari, Dist.-Rohtas ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Arvind Kumar, Advocate For the State :
Md. Zeyaul Hoda, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 27-11-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State via video conferencing.
2. By way of the instant application, the petitioner has renewed his prayer for grant of bail in connection with Khagaul P.S. Case No.355 of 2018 registered under Section 414 read with 34 of the Indian Penal Code. His prayer for bail was earlier rejected by this Court vide order dated 04.12.2019 passed in Cr. Misc. No.63121 of 2019 with observation that if the trial is not concluded within six months, he would be at liberty to renew his prayer for bail.
3. It is submitted by the learned counsel for the petitioner that though charge has been framed, no witness has
2/3 been examined on behalf of the prosecution till date. He contended that the petitioner is in custody since 25.12.2018.
4. Considering the nature of the offence, the period undergone by the petitioner in custody and the observation made by this Court vide its earlier order dated 04.12.2019, 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.- V, Danapur, Patna in connection with Khagaul P.S. Case No.355 of 2018.
5. 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 communicated to me on my e-mail by the Sr.
Secretary.
(ii) The corrected copy of the order shall be transmitted by me from my e-mail 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.
3/3 (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 steps be taken by the Sr. Secretary/registry for uploading of the present order without compromising with the norms of social distancing.
sanjeet/- (Ashwani Kumar Singh, J.) U T