Vikash Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38366 of 2021 Arising Out of PS. Case No.-240 Year-2020 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== VIKASH MISHRA, Son of Lami Kant Mishra, Resident of Village - Jafarpur, Dakshin Tola, P.S. - Belsand, District - Sitamarhi. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-08-2021 Heard Mr. Raj Kumar, learned counsel for the petitioner and Mr. Md. Iftekhar Mahmood, learned Additional Public Prosecutor appearing for the State, through Video conferencing.

Petitioner seeks regular bail in connection with Sadar P.S. Case No.240 of 2020, registered for the offences punishable under Sections 25(1-B)A, 26 and 35 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 20.02.2021, passed in Cr. Misc. No.40188 of 2020, with liberty to renew his prayer for grant of regular bail after three months. The allegation against the petitioner is that the police

Patna High Court CR. MISC. No.38366 of 2021(2) dt.25-08-2021 2/3 recovered a pistol with seven live cartridges from the possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner is in custody since 07.05.2020 and the similarly situated co-accused, Vikram Kumar, has been granted bail by a Coordinate Bench of this Court vide order dated 28.04.2021, passed in Cr. Misc. No.7159 of 2021.

Regard being had to the submission made by the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 07.05.2020 and the chargesheet has already been submitted and 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 and similarly situated co-accused has been granted bail by a Coordinate Bench of this Court, 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 Chief Judicial Magistrate, Muzaffarpur, in connection with Sadar P.S. Case No.240 of 2020.

Patna High Court CR. MISC. No.38366 of 2021(2) dt.25-08-2021 3/3 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) sanjeev/- U T