Rupam Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34357 of 2020 Arising Out of PS. Case No.-37 Year-2020 Thana- DUMARIAGHAT District- East Champaran ====================================================== RUPAM PATHAK son of Mohan Pathak, Resident of Village- Pakadi, P.S.- Dumariya Ghat, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashi Bhushan Pandey, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-01-2021 Heard both sides.

Petitioner seeks bail in Dumariya Ghat P.S. Case No.37 of 2020 registered under Section 307 and other minor sections of the IPC and under Section 27 of the Arms Act. The informant named altogether 23 persons and alleged that they all entered into his house, looted different articles and Pintu Mishra and Rupam Pathak (petitioner) are alleged to have made firing.

Learned counsel for the petitioner submits that there is a case and counter case. No specific allegation is made against the petitioner. No offence under Section 307 of the I.P.C. is made out. There was no material on the place of occurrence that any firing was made. No empty cartridge was found. Nobody

Patna High Court CR. MISC. No.34357 of 2020(2) dt.12-01-2021 2/2 was inured in the alleged firing. The petitioner is in jail since 12.06.2020.

Taking into consideration the facts aforesaid and the fact that the petitioner is in jail since 12.06.2020, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Dumariya Ghat P.S. Case No.37 of 2020.

(Prabhat Kumar Jha, J) Harish/- U T