Sarvesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.38791 of 2020 Arising Out of PS. Case No.-53 Year-2019 Thana- NAANPUR District- Sitamarhi ====================================================== SARVESH DAS, son of Late Deep Narayan Das, Resident of VillageMadhopur Sultanpur, P.S.- Runnisaidpur, District- Sitamarhi ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Kumar Ranjit Ranjan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-08-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Kumar Ranjit Ranjan, learned A.P.P. for the State. Petitioner in the present case is seeking regular bail in connection with Nanpur P.S. Case No. 53 of 2019 registered for the offence punishable under Section 385/387 and 504 of the Indian Penal Code.

The allegation against the petitioner is that of indulging in demand of rangdari under threat of life. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and the SIM

Patna High Court CR. MISC. No.38791 of 2020(6) dt.12-08-2021 2/3 Card used in the present case does not belong to the petitioner. On the other hand, Mr. Kumar Ranjit Ranjan, learned A.P.P. for the State submits that the involvement of the petitioner has been found in this case in course of investigation in various paragraphs of the case diary the witnesses have revealed the involvement of the petitioner. He has also made a confessional statement disclosing the modus operandi. Apart from that the petitioner has got 18 criminal cases and all are of serious and heinous nature, therefore, if released on bail at this stage, there is every possibility that the prosecution witnesses would be frightened and afraid of appearing in course of trial against the petitioner and in that case the trial is also adversely influenced.

Considering the facts and circumstances of the case wherein the allegations are serious in nature and this Court finds that in the case diary in several paragraphs the witnesses have involved this petitioner in demand of rangdari and the modus operandi have been revealed by him in course of his statement and further considering that the petitioner has got 18 cases on his head and all are of serious and heinous nature, this Court agrees with the submission of learned A.P.P. for the State that release of the petitioner is likely to influence in course of trial.

Patna High Court CR. MISC. No.38791 of 2020(6) dt.12-08-2021 3/3 Even otherwise the case is pending for evidence and as per the trial court's report the trial may be concluded within a period of six months. The prayer for bail is, thus, refused. The application stands disposed of.

(Rajeev Ranjan Prasad, J) vats/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.