Patna High Court - Orders
Arun @ Bandar vs The State Of Bihar on 22 December, 2020
Author: Anil Kumar Sinha
Bench: Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35373 of 2020
Arising Out of PS. Case No.-57 Year-2020 Thana- MEHANDIGANJ District- Patna
======================================================
ARUN @ BANDAR S/o Saryug Rai R/o village- Ranipur Adda, P.S.-
Mehadiganj, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar Sinha, Adv.
For the Opposite Party/s : Mr. Parmeshwar Mehta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 22-12-2020Heard Mr. Dhirendra Kumar Sinha, learned counsel for the petitioner and Mr. Parmeshwar Mehta, Additional Public Prosecutor for the state through video conferencing.
2. Petitioner seeks regular bail in connection with Mehdiganj PS Case No. 57/2020 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 504, 506, 307, 332, 333, 342, 224, 201, 338, 427, 353, 225, 337 of the IPC and Section 27 of the Arms Act and Section 45 Bihar Prohibition & Excise Act.
3. The prosecution story, as per First Information Report, is that the police raided the house of one Girija Rai and recovered 30 litres of illicit liquor from the said house and at the time of completing formalities, about 30 to 40 male and female persons along with 18 named accused persons started shouting Patna High Court CR. MISC. No.35373 of 2020(2) dt.22-12-2020 2/3 at the police and prevented them in performing their work and the persons assembled there pelted stones upon the police party and one of the co-accused persons, namely, Dhannu @ Bablu fired upon the police party and also snatched mobile phone including other articles and damaged the fire-arms of the police party.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and his name has been disclosed not by the informant but by the co-villagers. Learned counsel further submits that no specific allegation is there against the petitioner and the allegation is general and omnibus in nature along with 40 unknown persons and 18 named accused persons.
5. Learned counsel further submits that petitioner has got no criminal antecedents and he is in custody since 13.03.2020. It is also submitted that charge-sheet has already been submitted in the present case.
6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody since 13.03.2020 having no criminal antecedents, and the charge-sheet has already been submitted in the present case and there is no apprehension that Patna High Court CR. MISC. No.35373 of 2020(2) dt.22-12-2020 3/3 petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner.
7. Accordingly, let the petitioner, ARUN @ BANDAR 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 Special Case No. 2668/2020 in connection with Mehdiganj PS Case No. 57/2020.
8. It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines of social distancing.
(Anil Kumar Sinha, J)
perwez
U T