Monu Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35851 of 2020 Arising Out of PS. Case No.-49 Year-2020 Thana- BARUN District- Aurangabad ====================================================== MONU KUMAR RAM S/o Sanjay Ram Resident of Dehri Station Road Kuli Quarter Dehri, P.S.-Dalmiyanagar, District-Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishan Singh, Sr. Adv.

Mr.Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mr.Ashok Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-01-2021 Heard the learned Senior Counsel for the petitioner, Sri Krishna Singh and the learned APP for the State, Sri Ashok Kumar.

The petitioner seeks regular bail in connection with Barun P.S. Case No. 49 of 2020, registered for the offence punishable under Section 394 of the Indian Penal Code.

The allegation is regarding three miscreants having intercepted the informant whereafter they had snatched his motorcycle and other articles including cash amount of Rs. 2,000/-.

The learned Senior Counsel for the petitioner has submitted that the petitioner is innocent and

Patna High Court CR. MISC. No.35851 of 2020(3) dt.20-01-2021 2/3 he has been falsely implicated in the present case. The learned Senior Counsel for the petitioner has submitted that at the time, when the petitioner was implicated in the present case, he was an accused in only one other case, but thereafter, he has been made an accused in other cases, however, the petitioner has not been remanded in those cases till date. It is further submitted that neither any Test Identification Parade has been held nor any recovery of the looted articles has been made from the petitioner, hence, there is no material on record to connect the petitioner with the alleged crime.

Per contra, the learned APP 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 Senior Counsel for the petitioner and taking into account the materials available on record, this Court finds that till date, no Test Identification Parade has

Patna High Court CR. MISC. No.35851 of 2020(3) dt.20-01-2021 3/3 been held so as to connect the petitioner with the alleged crime and moreover, neither the motorcycle nor the looted articles have been recovered from the petitioner, hence, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad in connection with Barun P.S. Case No. 49 of 2020. (Mohit Kumar Shah, J) Ajay/- U T