Manoj Sahani @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44270 of 2021 Arising Out of PS. Case No.-408 Year-2020 Thana- SARAIYA District- Muzaffarpur ====================================================== MANOJ SAHANI @ MANOJ KUMAR Son of Saukhi Sahani Resident of Village - Bahilwara Gobind (Lakshmipur), P.S.- Saraiya, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raju Kumar, Adv.

For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-08-2021 Heard Mr. Raju Kumar, learned counsel for the petitioner and Mr. Nagendra Prasad, learned Additional Public Prosecutor for the State through video conferencing. Petitioner renews his prayer for regular bail in connection with Saraiya (Jaitpur O.P.)) PS Case No. 408/2020 registered for the offence punishable under Sections 25(1-b)a, and 26 of the Arms Act inasmuch as earlier bail application of the petitioner was rejected vide order dated 23.03.2021 passed in Cr. Misc No. 4044/2021 (Annexure-1) with liberty to renew his prayer for bail after three months.

The allegation against the petitioner, as per First Information Report, is that the petitioner was caught with a country made pistol and one live cartridge.

Learned counsel for the petitioner submits that petitioner is in custody since 23.06.2020 and the trial is not likely to be concluded in near future due to pandemic of COVID-19.

Patna High Court CR. MISC. No.44270 of 2021(2) dt.25-08-2021 2/2 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 23.06.2020, trial is not likely to be concluded in near future due to pandemic of COVID-19 and this is the second attempt for bail on behalf of petitioner, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, MANOJ SAHANI @ MANOJ KUMAR be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, (West) Muzaffarpur in connection with Saraiya (Jaitpur O.P.)) PS Case No.

408/2020, subject to the condition that petitioner will be well represented on each and every date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled. It is made clear that at the time of furnishing bail bonds all the parties shall follow the covid protocol like social/physical distancing and sporting masks.