Pankaj Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39590 of 2021 Arising Out of PS. Case No.-323 Year-2020 Thana- JAKKANPUR District- Patna ====================================================== PANKAJ SHARMA, Son of Late Tirpit Narayan Sharma R/o Village - Madhurapur, P.S. - Viddupur, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has renewed his prayer for bail in a case registered under section 401 of the Indian Penal Code and section 25(1-B)(a), 26 and 35 of the Arms Act. It is submitted by learned counsel for the petitioner that the earlier application for bail of the petitioner was rejected vide order dated 5.2.2021 (Annexure-1) passed in Cr. Misc. No. 34301 of 2020. Liberty had been granted to the petitioner to renew his prayer for bail in case the trial is not concluded within three months.

It is submitted that as per instructions received together with the statement made in para no. 13 of the petition, the trial has till not concluded nor is there any chance of the trial

Patna High Court CR. MISC. No.39590 of 2021(2) dt.09-09-2021 2/3 concluding in the near future due to Covid-19 pandemic. Learned counsel submits that the petitioner shall abide by all conditions which may be laid by this Court for his being enlarge on bail.

On the ground of urgency it is submitted by learned counsel for the petitioner that a supplementary affidavit has been filed sworn by wife of the petitioner stating therein about the death of the mother of the petitioner on 29.8.2021. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, liberty granted in the earlier order of rejection dated 5.2.2021 (Annexure-1) and the petitioner having remained in custody for more than 1 year since 10.7.2020, the petitioner is directed to be enlarged on bail in connection with Jakkanpur P.S. Case no. 323 of 2020 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 Additional Chief Judicial Magistrate I, Patna.

(Partha Sarthy, J) Spd/- U T

Patna High Court CR. MISC. No.39590 of 2021(2) dt.09-09-2021 3/3