Tuntun Saw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33610 of 2022 Arising Out of PS. Case No.-77 Year-2020 Thana- JAKKANPUR District- Patna ====================================================== Tuntun Saw Son of Late Rameswar Saw @ Rameshwar Saw Resident of village - Chandpur Bela More, Bajrangwali Mandir Ke Pas, P.S.- Jakkanpur, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No2, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Jakkanpur P.S. Case No. 77 of 2020 registered for the offence under Sections 307 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The accused/petitioner is not named in the F.I.R. and is in custody since 12.05.2020.

The allegation against the petitioner is to made an attempt for committing murder of the husband of informant by open firing upon husband of the informant, along with other

Patna High Court CR. MISC. No.33610 of 2022(4) dt.21-12-2022 2/3 co-accused persons.

Learned counsel appearing on behalf of the petitioner submitted that petitioner is not named in F.I.R. and his name surfaced on the basis of suspicion arises out of CCTV footage, as he found coming from the direction of the place of occurrence. It is further submitted that subsequently, self confession of the petitioner was recorded, where nothing incriminating surfaced during the course of investigation. It is also submitted that similarly situated, one of the co-accused persons, Manoj Kahar has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 43177 of 2021, vide order dated 18.01.2022. It is also submitted that TIP of petitioner has also not conducted, as yet. While concluding the argument, it has been submitted that investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as save and except self-confession, no incriminating material surfaced during the course of investigation to connect petitioner with present set of occurrence coupled with the fact

Patna High Court CR. MISC. No.33610 of 2022(4) dt.21-12-2022 3/3 that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Jakkanpur P.S. Case No. 77 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Patna/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T