Suraj Kumar @ Suraj Kumar Gupta @ Suraj Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39087 of 2021 Arising Out of PS. Case No.-397 Year-2020 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== SURAJ KUMAR @ SURAJ KUMAR GUPTA @ SURAJ GUPTA Son of Ramkeshwar Sah @ Aklu Sah Resident of Gola Bandh Road, Rajendra Marg, Ward No. 18, P.S.- Town, District - Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Ranjan, Adv.
For the Opposite Party/s :
Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-08-2021 Heard Mr. Ravi Ranjan, learned counsel for the petitioner and Mr. Jagdhar Prasad, learned Additional Public Prosecutor for the State through video conferencing. Petitioner renews his prayer for bail in connection with Muzaffarpur Town PS Case No. 397/2020 registered for the offence punishable under Sections 414/34 of the IPC and Section 25(1-b)a, 26, 35 of the Arms Act inasmuch as earlier bail application of the petitioner was rejected vide order dated 24.03.2021 passed in Cr. Misc No. 4046/2021 (Annexure-1) with liberty to renew his prayer for bail after three months. The allegation against the petitioner, as per First Information Report, is that one loaded pistol has been recovered from the possession of the petitioner.
Patna High Court CR. MISC. No.39087 of 2021(2) dt.04-08-2021 2/3 Learned counsel for the petitioner submits that after first rejection of the bail application of the petitioner, only charges have been framed on 25.03.2021 and since then trial has not registered any progress. Learned counsel next submits that petitioner is in custody since 06.07.2020 and the co-accused, Sanjeeve Ranjan @ Sanjeev Rai has been granted bail by this Court vide Cr. Misc. No. 36850/2021.
Regard being had to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 06.07.2020, trial is not likely to be concluded in near future due to existing pandemic of COVID-19 and this is the second attempt of bail on behalf of petitioner, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, SURAJ KUMAR @ SURAJ KUMAR GUPTA @ SURAJ GUPTA be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Muzaffarpur in connection with Muzaffarpur Town PS Case No. 397/2020 (Trial No. 1205/2020).
It is made clear that at the time of furnishing bail bonds all the parties shall follow the covid protocol like
Patna High Court CR. MISC. No.39087 of 2021(2) dt.04-08-2021 3/3 social/physical distancing and sporting masks. (Anil Kumar Sinha, J) perwez U T