Mohit Kumar @ Kadda v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41537 of 2021 Arising Out of PS. Case No.-179 Year-2020 Thana- PATNA CITY CHOWK District- Patna ====================================================== MOHIT KUMAR @ KADDA S/o Krishna Yadav R/o Mohalla- Ghagha Gali, P.S.- Khajekalan, Dsitrict- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arun Kumar, A.P.P.

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

Petitioner seeks regular bail in connection with Chowk P.S. Case No. 179 of 2020 registered for the offences punishable under Sections 302/34 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 18.01.2021 passed in Cr. Misc. 32759 of 2020 with liberty to renew his prayer for grant of regular bail after six months. The allegation against the petitioner is that he along with other accused persons assaulted the son of the informant by

Patna High Court CR. MISC. No.41537 of 2021(2) dt.25-08-2021 2/3 means of brick-stone, as a result of which, her son died on way to the hospital.

Learned counsel for the petitioner submits that the allegation against the petitioner is not specific and the same is omnibus and general in nature. Learned counsel further submits that similarly situated co-accused person namely Prem Raj Sah has been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 34790 of 2020. Learned counsel next submits that the petitioner is in custody since 13.5.2020 and the trial is not likely to be concluded in near further 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 13.5.2020, trial is not likely to be concluded in near future due to Covid 19 pandemic and 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 A.C.J.M. IV, Patna City, in connection with Chowk P.S. Case No. 179 of 2020.

Patna High Court CR. MISC. No.41537 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