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Patna High CourtCR. MISC./4903/2024bail granted

Rahul Kumar v. The State Of Bihar

2024-02-07Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4903 of 2024 Arising Out of PS. Case No.-301 Year-2023 Thana- BALIYA District- Begusarai ====================================================== Rahul Kumar S/O Shri Subodh Choudhary @ Subodh Chaudhari VillageBishnupur, (bishunpur), Vishunpur, Ward No. 42, Ps. Town, Dist. Begusarai. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam, Adv.

For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Ballia P.S. Case No. 301 of 2023 lodged under sections 147, 148, 149, 341, 325, 337, 338, 307, 435, 436, 353, 427, 153A, 295A, 505B, 505C, 120B and 379 of the I.P.C. read with section 9 of the Loudspeaker Act.

3. As per the prosecution case, the F.I.R. has been lodged against 76 natural persons and three persons were made accused in capacity of owner of vehicle organizer of D.J. and 200 unknown accused persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that from the content of F.I.R. itself, it is clear that the petitioner being a natural person, has not made accused in this case. He submits that petitioner has been accused by virtue of

Patna High Court CR. MISC. No.4903 of 2024(2) dt.07-02-2024 2/2 owner of D.J. He submits that nothing specific has been alleged against the petitioner.

5. Counsel further submits that petitioner is in custody since 04.11.2023 having clean antecedent. He further submits that the other co-accused has been granted bail by the Coordinate Bench of this Court vide order dated 16.01.2024 passed in Cr. Misc. No. 762 of 2024.

6. Learned counsel for the State opposes the prayer for bail.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Ballia P.S. Case No. 301 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T