Ashik Kumar @ Ashik Kumar Poddar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6300 of 2024 Arising Out of PS. Case No.-301 Year-2023 Thana- BALIYA District- Begusarai ====================================================== Ashik Kumar @ Ashik Kumar Poddar S/o Arun Poddar Resident of Village - Chhoti Ballia, Molana Chak, P.S. - Ballia, District - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amar Kumar Singh, Adv.
Mr. Rahul Singh, Adv.
For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Ballia P.S Case No. 301 of 2023 registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 325, 337, 338, 307, 435, 436, 353, 427, 153(A), 295(A), 505(B), 505( C ), 120(B), 379 of the I.P.C and 9 Loud Speaker Act.
3. As per allegation in the FIR, during Durga Puja at the time of idol procession, total 79 named and 200 unknown miscreants started riot due to that law and order got disturbed.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that nothing specific allegation has been levelled
Patna High Court CR. MISC. No.6300 of 2024(2) dt.16-02-2024 2/2 against the petitioner. Similary situated other co-accused person has already granted bail by this Court vide order dated 16.01.2024 passed in Cr. Misc. No. 762 of 2024. It is also submitted that petitioner is in judicial custody since 04.11.2023. Petitioner has no criminal antecedent.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten 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.
(Ramesh Chand Malviya, J) Mayank/- U T