Munna Thathera v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57599 of 2021 Arising Out of PS. Case No.-631 Year-2020 Thana- ALAMGANJ District- Patna ====================================================== MUNNA THATHERA S/o Bisun Saw Resident of Village- Chaili Tal, near Kamta School, P.S.- Alamganj, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad, Advocate For the Opposite Party/s :

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-12-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Special Case No. 6121 of 2020 arising out of Alamganj P.S. Case No. 631 of 2020 for the offence registered under Sections 341, 323, 307, 385/34 of the Indian Penal Code, Section 37(c) of the Bihar Prohibition & Excise Amendment Act and Section 27 of the Arms Act.

The allegation is regarding the accused persons having arrived in the area in question and fired gun shots, whereafter the co-villagers had arrived at the place of occurrence and one coaccused person namely Suraj Kumar Yadav was apprehended while the petitioner and one other co-accused person had managed to flee away. As far as the accused person who was apprehended from the spot, is concerned, he was found to be in drunken state. The learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.57599 of 2021(2) dt.16-12-2021 2/2 the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and he is languishing in custody since 12.03.2021. The learned counsel for the petitioner has further submitted that the petitioner has neither been arrested from the spot nor anybody has seen him firing gun shot. Per contra, the learned counsel 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 counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise, Patna in connection with Special Case No. 6121 of 2020 arising out of Alamganj P.S. Case No. 631 of 2020.

(Mohit Kumar Shah, J) S.Sb/- U T