Deepak Kumar @ Cheppu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34992 of 2020 Arising Out of PS. Case No.-101 Year-2019 Thana- MATIHANI District- Begusarai ====================================================== DEEPAK KUMAR @ CHEPPU Son of Hare Krishna Singh @ Hari Krishna Singh Resident of Village - Ramdiri, Choudharipatti, P.S.- Matihani, District - Matihani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Adv.

For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-02-2021 Heard the learned counsel for the petitioner and the learned APP for the State, Ms. Anita Kumari Singh.

The petitioner seeks regular bail in connection with Matihani P.S. Case No. 101 of 2019, registered for the offence punishable under Sections 25(1-b)a, 26 of the Arms Act.

The allegation is regarding recovery of one country made pistol and two live cartridges from the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and

Patna High Court CR. MISC. No.34992 of 2020(4) dt.01-02-2021 2/3 he is languishing in custody since 27.06.2019. The learned counsel for the petitioner has further submitted that a coordinate Bench of this Court, while rejecting the earlier petition for grant of bail vide order dated 25.02.2020 passed in Criminal Miscellaneous No. 2427 of 2020, had directed the trial court to expedite the trial and conclude the same within a period of six months and had further granted liberty to the petitioner to approach this Court for renewal of his prayer for bail, in case, the trial is not concluded within the said period of six months. The learned counsel for the petitioner has thus submitted that the trial has not yet been concluded, despite lapse of more than 6 months, hence, the petitioner has renewed his prayer for bail.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, noting the submissions made by the learned counsel for the petitioner and considering the period of

Patna High Court CR. MISC. No.34992 of 2020(4) dt.01-02-2021 3/3 incarceration of the petitioner herein apart from taking into account the liberty granted to the petitioner by a coordinate Bench of this Court by the aforesaid order dated 25.02.2020, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai in connection with Matihani P.S. Case No. 101 of 2019.

(Mohit Kumar Shah, J) Ajay/- U T