Amit Kumar @ Bittu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40517 of 2021 Arising Out of PS. Case No.-41 Year-2020 Thana- EAST COLONY District- Munger ====================================================== AMIT KUMAR @ BITTU S/O Late Rajendra Paswan @ Rajendra Paswan Resident of Village - Out House Nagar Prishad, Jamalpur, P.S. - East Colony, District - Munger.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivendra Kumar Sinha, Adv.
For the Opposite Party/s :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-08-2021 Heard Mr. Shivendra Kumar Sinha, learned counsel for the petitioner and Mr. Pramod Kumar Pandey, learned Additional Public Prosecutor for the State through video conferencing.
Petitioner renews his prayer for bail in connection with East Colony PS Case No. 41/2020 registered for the offence punishable under Sections 457, 380 of the IPC inasmuch as earlier bail application of the petitioner was rejected vide order dated 12.03.2021 passed in Cr. Misc No. 38075/2020 (Annexure-1) with liberty to renew his prayer for bail after three months.
The allegation, as per the First Information Report, is that on 04.07.2020, the informant, who is the employee of the
Patna High Court CR. MISC. No.40517 of 2021(2) dt.04-08-2021 2/3 Railway Workshop, had gone to his village to attend Shradh ceremony and when he returned to his house, he found that lock of his quarter was broken and theft has been committed in his house and the details of the theft articles have been attached with the First Information Report.
Learned counsel for the petitioner submits that since the last rejection of the bail application of the petitioner, the trial has not registered any progress and the case is pending for framing of charge. Learned counsel next submits that petitioner is in custody since 09.07.2020 and the trial is not likely to be concluded in near future due to pandemic of COVID-19. Learned counsel also submits that no incriminating article has been recovered from the possession of the petitioner and he has not been put on TIP.
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 09.07.2020, trial is not likely to be concluded in near future due to 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, AMIT KUMAR @ BITTU be released on bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.40517 of 2021(2) dt.04-08-2021 3/3 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1, Munger/the court concerned in connection with East Colony PS Case No. 41/2020. Covid protocol like social/physical distancing and sporting masks are expected to be followed strictly by the parties while furnishing bail bonds.
(Anil Kumar Sinha, J) perwez U T