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Patna High CourtCR. MISC./41583/2021bail granted

Raja Kumar v. The State Of Bihar

2021-08-25Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41583 of 2021 Arising Out of PS. Case No.-60 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== RAJA KUMAR S/O SASHIBHUSHAN SINGH R/O VILLAGE-RAMDIRI NAKTI TOLA, P.S-MATIHANI, DISTRICT-BEGUSARAI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr. Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-08-2021 Heard Dr. Alok Kumar Alok, learned counsel for the petitioner and Mr. Akshay Lal Pandit, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Muffasil P.S. Case No. 60 of 2020 registered for the offences punishable under Sections 414/34 of the Indian Penal Code, Sections 25(1-B)a and 26(2) 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 8.12.2020 passed in Cr. Misc. 32752 of 2020 with liberty to renew his prayer for grant of regular bail after six months. The allegation against the petitioner is that the Police

Patna High Court CR. MISC. No.41583 of 2021(2) dt.25-08-2021 2/3 recovered one pistol and one cartridge from possession of the petitioner.

Learned counsel for the petitioner submits that the petitioner is in custody since 7.2.2020 and the trial is not likely to be concluded in near future due to Covid-19 pandemic. Learned counsel next submits that similarly situated co-accused person namely, Sujoy Kumar @ Sujay Kumar has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No.24972 of 2020.

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 7.2.2020, the trial is not likely to be concluded in near future due to Covid 19 pandemic and 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 Chief Judicial Magistrate, Begusarai, in connection with Muffasil P.S. Case No. 60 of 2020.

Patna High Court CR. MISC. No.41583 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