Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41369 of 2021 Arising Out of PS. Case No.-82 Year-2020 Thana- SIKARHATTA District- Bhojpur ====================================================== AKASH KUMAR S/O DHARMDEV @ DHARMDEV SINGH R/O VILLAGE-EKAUNI, P.S- CHARPOKHARI, DISTRICT-BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Akhileshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-08-2021 Heard Mr. Ajay Kumar Singh, learned counsel for the petitioner and Mr. Akhileshwar Dayal, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Sikarhatta P.S. Case No. 82 of 2020 registered for the offence punishable under Section 395 of the Indian Penal Code. 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 26.3.2021 passed in Cr. Misc. 40222 of 2020 with liberty to renew his prayer for grant of regular bail after three months. The allegation against the petitioner is that three Motorcycle borne criminals intercepted the informant and

Patna High Court CR. MISC. No.41369 of 2021(2) dt.25-08-2021 2/3 snatched a sum of Rs.40,000/-.

Learned counsel for the petitioner submits that the petitioner is not named in the First Information Report and his name has transpired on the basis of confessional statement of co-accused Amarjeet Chaudhary who has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. 13066 of 2021. Learned counsel next submits that the petitioner is in custody since 6.8.2020 and the trial is not likely to be concluded in near future due to Covid-19 pandemic.

Regard being had to the submission made by the parties and taking into consideration the materials on record, the fact that the petitioner is in custody since 6.8.2020, the trial is not likely to be concluded in near future due to Covid 19 pandemic, the similarly situated co-accused has been granted bail by a co-ordinate Bench of this Court as well as this is second attempt for grant of regular bail on behalf of the petitioner, 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 ACJM VIII, Bhojpur at Ara, in connection with Sikarhatta P.S. Case No. 82 of 2020.

Patna High Court CR. MISC. No.41369 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) S.Ali/- U T