Channa Rai @ Srij Mohan Kumar @ Sri Mohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68004 of 2019 Arising Out of PS. Case No.-99 Year-2018 Thana- JANDAHA District- Vaishali ====================================================== CHANNA RAI @ SRIJ MOHAN KUMAR @ SRI MOHAN KUMAR, aged about 25 years, Male, S/o Santlal Rai, R/o village- Sherpur, P.S.- Jandaha, District- Vaishali.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sunil Kumar Singh, Advocate.

For the Opposite Party :

Mr.Amit Kumar Rakesh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-10-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 341, 323, 356, 357 and 379/34 of the IPC.

The prosecution story, in brief, is that on 18.05.2018 at about 10.00 P.M. when the informant reached near Dhadhua Bahai Chowk, accused persons who were covered their faces by Gamachha pushed him, as a result of which, he fell down. Thereafter, accused persons started assaulting him. They snatched Rs. 21,000/- and Smart Phones and bag containing parts of Computer and other things. During Mar-pit, Gamachha of Chhana Rai (petitioner) and co-accused Kundan Rai fell

Patna High Court CR. MISC. No.68004 of 2019(2) dt.24-10-2019 2/3 down and their faces disclosed. One accused was not identified. It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 25.07.2019. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. As per the F.I.R., the accused persons had covered their faces with Towel at the time of occurrence but in course of occurrence, the said Towel on the face had fallen and the informant was able to identify the accused persons including the petitioner. It is further submitted that the alleged occurrence is said to have taken place at 10.00 P.M. in the night. The informant has not disclosed the source of identification in the F.I.R. Hence, identification made by the informant appears to be doubtful and the same cannot be relied upon. There is no recovery of any incriminating article from possession of the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of

Patna High Court CR. MISC. No.68004 of 2019(2) dt.24-10-2019 3/3 the like amount each to the satisfaction of the learned Additional Sessions Judge-I-cum-Special Judge, Vaishali at Hajipur, in connection with Jandaha P.S. Case No. 99/2018. (Sudhir Singh, J) U.K./- U T