Mantosh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 21885 of 2020 Arising Out of P.S. Case No.137 Year-2019 Thana-Meenapur District-Muzaffarpur ====================================================== Mantosh Ram son of Mahendra Ram, aged about 21 years resident of villageBanuaa, Police Station- Minapur, District- Muzaffarpur, ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Surendra Kishore Thakur, Advocate Mr. Subodh Kumar, Advocate For the Opposite Party :

Ms Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 22-07-2020 Filing through email of the present application has been accepted in view of the out-break of COVID-19 Pandemic and has been posted before me for hearing through video conferencing.

The application is apparently not in accordance with the provisions prescribed under the Patna High Court Rules, which do not contemplate filing of application through email. Inspite of that, considering the extra-ordinary situation, filing of the present application has been allowed through email. Considering the situation prevailing, the Court has considered, for the present, to ignore the deficiency in filing of the application.

2/3 Heard Mr. Surendra Kishore Thakur, learned counsel for the petitioner and Ms Veena Rani Prasad, learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Meenapur P.S. Case No. 137 of 2019 registered for the offences punishable under Sections 147, 148, 149, 341, 307 and 384 of the Indian Penal Code.

Considering the gravity of the offence, the allegation made in the first information report that the petitioner and others being variously armed surrounded the informant and his cousin brother Binod Rai and co-accused Raghubir Rai assaulted with knife in the abdomen of Binod Rai as a result of which he sustained grievous injury and the motive attributed for causing the offence is non-payment of demand of extortion amount, I am not inclined to grant pre-arrest bail. Accordingly, the application for grant of pre-arrest bail to the petitioner is rejected.

Since, there is a State wide lockdown, the Court has considered it appropriate to adopt the following procedure for communication of the present order :- (i) The order, which has been dictated during the course of proceeding of the virtual court, shall be

3/3 communicated to me on my email by the Sr.

Secretary.

(ii) The corrected copy of the order shall be transmitted by me from my email id to the Sr. Secretary, which shall be treated to be an authentic copy of the order passed by this Court in the present proceeding. (iii) Hard copy of the order duly signed by me shall be preserved in my residential office for documentation and future use, if any.

(iv) Let a copy of the order be sent to Surendra Kishore Thakur, learned counsel for the petitioner also on his email.

(v) Let steps be taken by the Sr.

Secretary/registry for up-loading of the present order without compromising with the norms of social distancing. (Ashwani Kumar Singh, J) Pradeep/- U T