Raj Kumar Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86090 of 2019 Arising Out of PS. Case No.-233 Year-2018 Thana- MIRGANJ District- Gopalganj ====================================================== RAJ KUMAR BAITHA S/o Ramashray Baitha R/o village- Badarjimi, Ward No. 16, P.S.- Mirganj, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pranav Kumar, Advocate.

For the Opposite Party/s :

Mr.Arun Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-06-2020 This matter has been taken up through Video Conferencing.

Heard the parties.

The petitioner is languishing in custody for the offence punishable under Sections 147, 148, 149, 307, 504, 324 and 325 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioner is in custody since 05.02.2019.

According to F.I.R., co-accused Santosh Baitha fired causing injury at the abdomen of Saral Mallah. Petitioner gave multiple dagger blow to Ganesh Sahni. Earlier prayer for bail was refused on 12.06.2019 in Cr. Misc. No. 26761 of 2019 with liberty to the petitioner to renew prayer for bail after six months, if the trial is not concluded in the meantime. Submission is that subsequent development is that co-

Patna High Court CR. MISC. No.86090 of 2019(2) dt.10-06-2020 2/2 accused Santosh Baitha has already been allowed bail by a coordinate Bench of this Court vide order at page-37. There is no chance of conclusion of trial in near future due to the situation arising out of COVID-19.

Considering the period already undergone as well as grant of bail to co-accused Santosh Baitha by a co-ordinate Bench of this Court, let the petitioner, above named, be released on bail, on furnishing bail bond of Rs.20000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Mirganj P.S. Case No. 233 of 2018 with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) mantreshwar/- U T