Sanjay Rai @ Sanjay Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45193 of 2021 Arising Out of PS. Case No.-84 Year-2019 Thana- MARANCHI District- Patna ====================================================== SANJAY RAI @ SANJAY MAHTO S/O RAJO RAI R/o village- Simaria Ghat, Bind Toli, P.S.- Chakiya, District- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Pandey For the Opposite Party/s :
Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-08-2021 Heard Mr. Manoj Kumar Pandey, learned counsel for the petitioner and Mr. Nirmal Kumar Sinha, learned counsel appearing for the State through video conferencing. Petitioner renews his prayer for bail in connection with Maranchi P.S. Case No. 84 of 2019, G.R. No. 1095 of 2019 registered for the offence under Section 302, 147, 148, 149 of the I.P.C. and Section 27 of the Arms Act inasmuch as earlier bail application of the petitioner was rejected vide order dated 11.11.2020 passed in Cr. Misc. No. 23800 of 2020 (Annexure1 to the bail petition ) with liberty to renew his prayer for bail after six months.
The allegation as per the First Information Report is that one Tuntun Bind arrived at the house of the informant and took away his son towards the river Ganga. It has further been
Patna High Court CR. MISC. No.45193 of 2021(2) dt.25-08-2021 2/3 alleged that other six co-accused who were already present there with fire arms started indiscriminate firing leading to the death of the son of the informant.
Learned counsel for the petitioner submits that while rejecting the bail application of the petitioner earlier this Court had granted the petitioner liberty to renew his prayer for bail after six months if the trial does not show any progress. Referring to paragraph no. 16 of this bail application learned counsel submits that the case has not yet been committed to the court of Sessions and charges have not been framed. Learned counsel further submits that petitioner is in custody since 20-09-2019 and trial is not likely to be concluded due to COVID 19 Pandemic.
Regard being had to the submissions made by the parties, taking into consideration the materials available on record and the fact that petitioner is in custody since 20-092019, trial has not registered any progress and the same is not likely to be concluded in near future due to COVID 19 Pandemic and this is second attempt for 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 bond of Rs. 20,000/-
Patna High Court CR. MISC. No.45193 of 2021(2) dt.25-08-2021 3/3 (twenty thousand) with two sureties of the like amount each to the satisfaction of Sri Ranjandeo, J.M.- 1st Class, Barh, District Patna in connection with Maranchi P.S. Case No. 84 of 2019, G.R. No. 1095 of 2019 on the following condition:- (i) that the petitioner shall remain present on each and every date during the course of trial and in case of default on two consecutive dates on the part of the petitioner, his bail bond shall liable to be cancelled.
It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J) praful/- U T