Munna Das @ Ravishankar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30313 of 2020 Arising Out of PS. Case No.-103 Year-2015 Thana- BHARGAMA District- Araria ====================================================== MUNNA DAS @ RAVISHANKAR S/o Sri Arjun Das R/o Vill.-Dhurgaon, P.S.-Madhepura, Distt.-Madhepura.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Prasad Singh For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-01-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Bhargama P.S. Case No. 103 of 2015 for the offence registered under Sections 324, 307 and 393 of the Indian Penal Code and Section 27 of the Arms Act.
The allegation is regarding unknown miscreants having attempted to commit loot and had fired gun shots resulting in some injuries being inflicted on the informant. The learned counsel for the petitioner has submitted that the petitioner is innocent and he has been falsely implicated in the present case. It is further submitted that no Test Identification Parade has been held so as to connect the petitioner with the alleged crime and the petitioner is
Patna High Court CR. MISC. No.30313 of 2020(3) dt.06-01-2021 2/3 languishing in custody since 08.04.2016 only on the pretext that he is having a bad antecedent. Lastly, it is submitted that no injury report has come on record of the case till date, hence the allegation of the informant sustaining gun shot injury is not correct.
Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also those available in the case dairy, this Court finds that minuscule evidence is on record so as to connect the petitioner with the alleged crime especially in absence of Test Identification Parade having been conducted, hence I deem it fit and proper to direct for release of the petitioner herein on regular bail, however, subject to certain condition. Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Araria in connection with Bhargama P.S. Case No. 103 of 2015.
It is needless to state that the petitioner would mark
Patna High Court CR. MISC. No.30313 of 2020(3) dt.06-01-2021 3/3 his attendance before the Officer In-Charge of the concerned Police Station at 10:00 A.M. on every Monday of the week and in the event of his failure to do so on two consecutive occasion, the present privilege of bail shall stand cancelled automatically and the petitioner shall be taken into custody forthwith. (Mohit Kumar Shah, J) S.Sb/- U T