Badal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54015 of 2021 Arising Out of PS. Case No.-191 Year-2019 Thana- LAUKAHI District- Madhubani ====================================================== BADAL KUMAR Son of Late Mahendra Paswan Resident of VillageNirmali, Ward No.04, P.S.- Nirmali, District- Supaul ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Nitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-10-2021 Heard Mr. Upendra Kumar, learned counsel for the petitioner and Mr. Nitesh Kumar, learned Additional Public Prosecutor appearing for the State.

Petitioner seeks regular bail in connection with Laukahi P.S. Case No.191 of 2019 (G.R. Case No.1495 of 2019), registered for the offences punishable under Sections 392, 411 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 20.10.2020 passed in Cr. Misc. No.23026 of 2020 with liberty to renew his prayer for grant of regular bail after six months, if the trial does not show any progress.

The allegation as per the First Information Report is

Patna High Court CR. MISC. No.54015 of 2021(2) dt.06-10-2021 2/3 that when the informant was returning to his village on motorcycle, he was accosted by four unknown persons riding on two motorcycles, who snatched purse, containing Rs.7,000/- cash, papers of the vehicle and mobile phone of Redme company of the informant.

Learned counsel for the petitioner submits that while rejecting earlier bail application of the petitioner, this Court had granted liberty to the petitioner to renew his prayer for bail after six months, if the trial does not show any progress. Learned counsel for the petitioner next submits that petitioner is in custody since 28.02.2020 but the trial has not concluded in this matter as yet and he further submits that due to Covid-19 Pandemic, trial is not likely to be concluded in the near future. Regard being had to the submission made by the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 28.02.2020 and the 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/-

Patna High Court CR. MISC. No.54015 of 2021(2) dt.06-10-2021 3/3 (Twenty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Ist, Jhanjharpur, Madhubani, in connection with Laukahi P.S. Case No.191 of 2019 (G.R. Case No.1495 of 2019).

(Anil Kumar Sinha, J) sanjeev/- U T