Patna High CourtCR. MISC./83428/2019allowed

Shatrudhna Ram v. The State Of Bihar

2020-05-27Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83428 of 2019 Arising Out of PS. Case No.-205 Year-2019 Thana- PURNEA SADAR District- Purnia ====================================================== Shatrudhna Ram Son of Late Lakhan Ram Resident of Village - Narkatiya Bazar, P.S.- Darpa, District - East Champaran ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Shashi Bhushan Kumar, Advocate For the Opposite Party :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 27-05-2020 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner is in custody in connection with Purnea Sadar P.S. Case No. 205 of 2019 for the offence under Sections 341,324, 307 and 302/34 of the Indian Penal Code Learned counsel for the petitioner would submit that the petitioner has got no criminal antecedent. The petitioner was not named in the first information report and his name has surfaced on suspicion. Learned counsel further submits that he has been made accused on the basis of recovery of his mobile phone merely on the place of occurrence. Learned counsel would submit that CDR of the mobile phone was examined and it has come on scrutiny that there was no call during the relevant time when the incident took place. Petitioner is in custody since

Patna High Court CR. MISC. No.83428 of 2019(4) dt.27-05-2020 2/2 26.04.2019.

Considering the fact that the petitioner has remained in custody for more than one year; no one has seen the occurrence and he has got no criminal antecedent, the Court is inclined to grant bail to him. The petitioner, named above, is directed to be released on bail on furnishing his personal bond to the satisfaction of the Chief Judicial Magistrate, Purnea in connection with Purnea Sadar P.S. Case No. 205 of 2019 due to the circumstance of total lockdown on account of the pandemic of COVID-2019.

(Anil Kumar Upadhyay, J) BT/- U T