Sarvesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27770 of 2020 Arising Out of PS. Case No.-38 Year-2019 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== SARVESH DAS S/o Late Deep Narayan Das Resident of Village-Madhopur Sultanpur, P.S.-Runnisaidpur, District-Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr. Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-11-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State, through Video Conferencing.

The petitioner seeks regular bail in connection with Runnisaidpur Police Station Case No. 38 of 2019, registered for the offences punishable under Section 307 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation, as per the First Information Report, is that on 24.01.2019, at about 8 PM, in the night, when the informant was closing his shop, three miscreants came there on a motorcycle and started indiscriminate firing on the informant, his brother and his staff, however, the firing made by the miscreants did not hit anybody.

Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.27770 of 2020(2) dt.05-11-2020 2/3 petitioner is not named in the First Information Report and he has been dragged in this case merely on suspicion inasmuch as in the year 2016, the informant had lodged Runnisaidpur Police Station Case No. 470 of 2016 against the petitioner for the offences punishable under Section 385/387 of the Indian Penal Code. He further submits that no Test Identification Parade has been conducted by the police and the petitioner has been remanded in this case from another case, being Pupri Police Station Case No. 399 of 2019 on 05.03.2020 and since then, he is in custody.

After having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 05.03.2020, I am inclined to grant bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi, in connection with Runnisaidpur Police Station Case No. 38 of 2019. It is further made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding

Patna High Court CR. MISC. No.27770 of 2020(2) dt.05-11-2020 3/3 social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √