Vikash Chouhan @ Bikash Chauhan @ Vikash Boss v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42288 of 2021 Arising Out of PS. Case No.-299 Year-2019 Thana- NAWADA MUFFASIL District- Nawada ====================================================== VIKASH CHOUHAN @ BIKASH CHAUHAN @ VIKASH BOSS S/o Yogendra Chauhan @ Yogendra Prasad R/o village- Lohara, P.S.- Mufassil, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-08-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Mufassil Police Station Case No. 299 of 2019, registered for the offences punishable under Sections 341/323/324/307/302/34 of the Indian Penal Code.

This is the second attempt on behalf of the petitioner for grant of regular bail. Earlier, the prayer for regular bail of the petitioner was rejected by this Court, vide order, dated 15.01.2021, passed in Criminal Misc. No. 23020 of 2020, giving liberty to the petitioner to renew his prayer for bail after six months from the date of the order.

The allegation against the petitioner, as per the First

Patna High Court CR. MISC. No.42288 of 2021(2) dt.18-08-2021 2/3 Information Report, is that he assaulted the husband of the informant by means of rod on his head along with other coaccused persons, leading to his death. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and the allegation against him is general and omnibus in nature and the same is not specific. He further submits that there is case and counter case between the parties inasmuch as the wife of the petitioner has lodged Complaint Case No. 1093 of 2019 against the informant and others. He further submits that the petitioner is in custody since 13.11.2019, charges have been framed in this case on 16.01.2021 and the trial is not recording any progress due to COVID-19 pandemic.

Regard being had to the submission advanced on behalf of the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 13.11.2019, charges hav been framed, the trial is not likely to be concluded in near future due to COVID-19 pandemic and this the second attempt on behalf of the petitioner for grant of regular bail, I am inclined to grant regular bail to the petitioner. This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail,

Patna High Court CR. MISC. No.42288 of 2021(2) dt.18-08-2021 3/3 upon furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge, Nawada, in connection with Mufassil Police Station Case No. 299 of 2019. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √