Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29174 of 2020 Arising Out of PS. Case No.-235 Year-2018 Thana- NAUBATPUR District- Patna ====================================================== ABHISHEK KUMAR Son of Anil Kumar @ Anil Sharma Resident of Village - Lodipur, P.S.- Chandi, District - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh,Adv For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-12-2020 Heard the parties in virtual Court.

Petitioner seeks bail in a case registered for the offences punishable under Sections 399,402,307,353 of I.P.C and 25(1-b)A/26/35/27 of the Arms Act.

Petitioner and others were arrested on suspicion that they were preparing to commit dacoity. From the possession of the petitioner, a firearm and cartridges were recovered. Petitioner is in custody since 20.05.2018. Petitioner is accused of several serious criminal cases.

In the past, prayer for bail to the petitioner was refused on 02.05.2019 with direction to the learned Trial Judge to expedite the trial.

The report of the learned court below dated 01.12.2020 would reveal that recently the case was committed

Patna High Court CR. MISC. No.29174 of 2020(3) dt.16-12-2020 2/2 to the court of sessions for trial.

There is no chance of early conclusion of the trial. Hence, considering the period already undergone by the petitioner as undertrial prisoner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Naubatpur Police Station Case No.235 of 2018 with following conditions: (a) Both the bailors shall be resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Nitesh/- U T