Criminal miscellaneous petition seeking bail in a case involving offenses under IPC 307 and Arms Act section 27. The single judge dismissed the bail plea citing the petitioner's criminal antecedents and the nature of allegations.
The petition for enlargement on bail was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23252 of 2020
Arising Out of PS. Case No.-38 Year-2019 Thana- RUNISAIDPUR District- Sitamarhi
======================================================
SUDHIR DAS Son of Late Deep Narayan Das Resident of Village - Sultanpur Madhopur, P.S.- Runnisaidpur, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar @ S.K. For the Opposite Party/s : Mr.A.G ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
2 11-09-2020
This matter is taken up for consideration through
Video Conferencing under the orders of Hon’ble the Chief Justice.
Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P for the State.
The petitioner seeks bail in Runnisaidpur P.S. Case No. 38 of 2019, registered for the offence punishable under Section 307 of the Indian Penal Code and section 27 of the Arms Act.
As per the prosecution case, on 24.01.2019 at 8.00 pm, while the informant was closing his shop. Three motorcycle borne criminals came there and started firing upon him. Somehow, the informant and his brother saved their live and threatened him of dire consequene and also threatened him not
Patna High Court CR. MISC. No.23252 of 2020(2) dt.11-09-2020 2/2
to depose before the court against petitioner and other coaccused Sarvesh Das in Runnisaidpur P.S. Case NO. 470 of 2017 which was lodged against them for the demand of ransom by the shopkeepers and landlord of a business complex.
It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. Entire allegation is false and concocted. Petitioner is in custody since 04.09.2019.
Learned APP however, vehemently opposed the prayer for bail.
Considering the facts aforesaid and the nature of allegation and the fact that petitioner has got criminal antecedent, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected.
(Prabhat Kumar Singh, J)
vinita/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail in Runnisaidpur P.S. Case No. 38 of 2019.
Whether the petitioner has criminal antecedents affecting the grant of bail.
2 provisions across 2 enactments
SUDHIR DAS
The State of Bihar
PRABHAT KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
