Chandra Bhushan Rai @ Chandra Bhushan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8378 of 2023 Arising Out of PS. Case No.-146 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Chandra Bhushan Rai @ Chandra Bhushan Singh, Son of Late Shyam Bahadur Singh @ Shyam Bahadur Ray, R/v- Rajaura, P.S.- Muffasil, DistrictBegusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar, Advocate Mr. Arjun Prasad, Advocate For the Opposite Party/s :
Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 29-04-2023
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Begusarai Mufassil P.S. Case no.146 of 2022 registered under sections 307, 147, 148, 149, 341, 323, 324, 353, 143, 145, 337, 504 and 506 of the Indian Penal Code, to which sections 153A and 295A of the Indian Penal Code were added subsequently.
3. As per the prosecution case, it is stated by the informant that a large number of persons had gathered from both the sides and were attacking each other. There was brickbatting and sloganeering. Somehow, the police personnel
Patna High Court CR. MISC. No.8378 of 2023(2) dt.29-04-2023 2/3 brought the situation under control. The informant further states that among the persons involved in the occurrence were 20 named accused persons including the petitioner herein and 100 unknown accused persons. It further transpired from the villagers that a few days back there was some fight between the school going children which led to this occurrence.
4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case in which, even as per the FIR, there are more than 120 accused persons. The allegations are general and omnibus in nature. The petitioner is in custody since 8.11.2022 and has no criminal antecedent. Charge-sheet has been submitted in the case and a number of persons have been enlarged on anticipatory bail.
5. Heard learned A.P.P for the State.
6. Having heard learned counsel for the parties and taking into consideration the nature of allegation in the FIR, the petitioner having remained in custody for more than 5 months since 8.11.2022, charge-sheet having been submitted in the case and the petitioner not having any criminal antecedent, the petitioner is directed to be enlarged on bail in connection with Begusarai Mufassil P.S. Case no.146 of 2022, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties
Patna High Court CR. MISC. No.8378 of 2023(2) dt.29-04-2023 3/3 of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai.
(Partha Sarthy, J) avinash/- U T