Rana Biswas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57017 of 2021 Arising Out of PS. Case No.-172 Year-2021 Thana- SIKARPUR District- West Champaran ====================================================== RANA BISWAS S/o RABINDRA BISHWASH R/o VILLAGE-MARWARI MUHALLA, WARD No. 14, NARKATIYAGANJ, P.S- SHIKARPUR, DISTRICT-WEST CHAMPARAN.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, ADvocate For the Opposite Party/s :

Mr.Surendra Prasad Singh, App ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 30-03-2022 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 324, 307, 427, 120B of the Indian Penal Code and Section 27 of the Arms Act. As per the prosecution case, accused persons are alleged to have made firing on the informant, as a result of which, he sustained firearm injury.

It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. It is further submitted that there is no specific allegation of any overt act against the petitioner rather the specific allegation of firing is against co-accused, Chandu Bishwas. Similarly placed coaccused Rabindra Bishwash @ Rabindra Biswas has already

Patna High Court CR. MISC. No.57017 of 2021(2) dt.30-03-2022 2/2 been granted bail by a co-ordinate Bench of this Court vide order dated 15.11.2021 passed in Cr. Misc. No.45215 of 2021. Petitioner is in custody since 27.03.2021.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Shikarpur P.S. Case No. 172/2021 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Sanjay/- U T