Mantun Poddar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5892 of 2024 Arising Out of PS. Case No.-301 Year-2023 Thana- BALIYA District- Begusarai ====================================================== Mantun Poddar, Son of Ram Prakash Poddar @ Ram Prasad Poddar R/o vill - Chhoti Ballia, Upper Tola, P.S. - Ballia, Distt. - Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Adesh Raj Singh, Advocate For the Opposite Party/s :
Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 09-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Ballia P.S. Case No. 301 of 2023 for the offences registered under Sections 147, 148, 149, 341, 342, 323, 325, 337, 338, 307, 435, 436, 353, 427, 153-A, 295-A, 505-B, 505-C, 120B, 379 of the Indian Penal Code and Section 9 of the Loudspeaker Act.
3. As per the prosecution case, during procession of immersion of idol of Goddess Durga, 79 named and 200 unknown miscreants started riot due to which law and order were disturbed. Petitioner is alleged to be Chairman of the Durga Puja Samiti.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.5892 of 2024(2) dt.09-02-2024 2/2 petitioner is innocent and has committed no offence. There is general and omnibus allegation against the petitioner. Petitioner was neither the Chairman of the Durga Puja Samiti nor he was part of the mob. Petitioner has no criminal antecedent. He is in custody since 11.12.2023. It is further submitted that similarly situated co-accused, namely Md. Saquib @ Babban @ Md. Sakib has already been granted bail by a Co-ordinate Bench of this Court, vide order dated 16.01.2024 passed in Cr. Misc. No. 762 of 2024.
5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.
6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Ballia P.S. Case No. 301 of 2023. (Sunil Dutta Mishra, J) rakhi/- U T