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Patna High CourtCR. MISC./37693/2021bail granted

Birendra Kumar Singh @ Birendra Kumar @ Giri @ Virendra Kumar Singh v. The State Of Bihar

2021-08-18Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37693 of 2021 Arising Out of PS. Case No.-77 Year-2020 Thana- BUXAR MUFFSIL District- Buxar ====================================================== BIRENDRA KUMAR SINGH @ BIRENDRA KUMAR @ GIRI @ VIRENDRA KUMAR SINGH Son of Mandil Singh @ Mandil Yadav Resident of Village- Pandey Patti, Buxar, P.S.- Buxar (M), District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anand Kishore Choudhary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-08-2021 Heard Mr. Sanjay Kumar, learned counsel for the petitioner and Mr. Anand Kishore Choudhary, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Sessions Trial No. 77 of 2020 arising out of Buxar Muffasil P.S. Case No. 77 of 2020 registered for the offences punishable under Sections 25(1-AA) and 26 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 13.10.2020 passed in Cr. Misc. 26571 of 2020 with liberty to renew his prayer for grant of regular bail after six months.

Patna High Court CR. MISC. No.37693 of 2021(2) dt.18-08-2021 2/3 The allegation against the petitioner as per the First Information Report is that the Police raided the house of the petitioner and recovered one semi automatic pistol along with one Magazine, one live cartridge and four empty cartridges of 8 mm.

Learned counsel for the petitioner submits that earlier the petitioner was given liberty to renew his prayer for bail after six months if the trial does not show any progress. Learned counsel referring to paragraph-10 of the petition submits that charges have been framed on 5.5.2021 and after framing of charge, the trial is not in progressed.

Having heard learned counsel for the parties and taking into consideration the materials on record and the fact that the trial is not likely to be concluded in near future due to Covid 19 pandemic and this is second attempt for grant of regular 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.20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. IIIrd, Buxar, in connection with Sessions Trial No. 77 of 2020 arising out of Buxar

Patna High Court CR. MISC. No.37693 of 2021(2) dt.18-08-2021 3/3 Muffasil P.S. Case No. 77 of 2020.

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