The High Court granted regular bail to the petitioner, who had been in custody since February 2020. The trial had not progressed, and the court considered the delay and the COVID-19 pandemic in allowing the second bail application.
Petitioner granted regular bail upon furnishing bond of Rs. 25,000 with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32241 of 2021
Arising Out of PS. Case No.-59 Year-2020 Thana- MAHUA District- Vaishali
======================================================
ABHISHEK KUMAR, S/o- LATE NITESH KUMAR SINGH Resident of Village- Chak Kaji Nizam, P.S.- Mahua,District- Vaishali.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Krishna Kant Singh, Advocate For the Opposite Party/s : Mr. Ganesh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
3 01-09-2021 Heard Mr. Krishna Kant Singh, learned counsel for
the petitioner and Mr. Ganesh Prasad Singh, learned Additional Public Prosecutor for the State.
The petitioner has renewed his prayer for regular bail in connection with Mahua Police Station Case No. 59 of 2020, registered for the offences punishable under Sections 25 (1-B),1, 26, 35 of the Arms Act.
The allegation against the petitioner as per First Information Report is that the police intercepted the motorcycle on which three persons were traveling and upon search, the police recovered a loaded country-made pistol and a live cartridge from the petitioner and papers of the motorcycle were not shown to the police.
Learned counsel for the petitioner submits that while
Patna High Court CR. MISC. No.32241 of 2021(3) dt.01-09-2021 2/3
rejecting the bail application earlier, this court had given liberty to the petitioner to renew his prayer after six months, if the trial does not show any progress. Learned counsel for the petitioner further submits that the charges have not been framed against the petitioner till date, as stated in para 8 of the supplementary affidavit filed on behalf of the petitioner,
Regard being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the petitioner is in custody since 05.02.2020 and the trial is not likely to be concluded in near future due to COVID-19 pandemic and this the second attempt on behalf of the petitioner for grant of regular bail, I am inclined to grant regular bail to the petitioner.
This application is, accordingly, allowed.
Let the petitioner, above named, be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur, in connection with Mahua Police Station Case No. 59 of 2020, on the condition that the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail bonds will be liable to be
Patna High Court CR. MISC. No.32241 of 2021(3) dt.01-09-2021 3/3
cancelled.
It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J)
sanjeev/-
U T
1 issue framed by the court
Whether the petitioner's renewed prayer for regular bail should be granted given the delay in framing charges and ongoing pandemic conditions.
4 provisions across 1 enactments
Abhishek Kumar
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
