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Patna High CourtCR. MISC./14532/2023allowed

Bhola Sah @ Bhola Saw @ Bhola Prasad v. The State Of Bihar

2023-04-27Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14532 of 2023 Arising Out of PS. Case No.-725 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Bhola Sah @ Bhola Saw @ Bhola Prasad Son Of Late Bhagwan Sah Resident Of Village- Chatti Road, Ward No.34, P.S.- Nagar (Ratanpur), DistrictBegusarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Prem Kumar For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 341, 147, 148, 149, 353, 307, 224, 225, 323 of the Indian Penal Code. Allegation against the petitioner and other coaccused persons is that they created hindrance in discharging the official duty of police officials when they intercepted a merchant of illegal wine, namely, Ravi Raj Kumar. It is further alleged that petitioner along with

Patna High Court CR. MISC. No.14532 of 2023(2) dt.27-04-2023 2/3 other co-accused persons assaulted the informant due to which he sustained injuries.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is general and omnibus allegation against the petitioner. The allegation against the petitioner is that he is member of mob and he is non assailant. The injury sustained by the said Sepoy is simple in nature. The charge-sheet has not been submitted under Section 307 of I.P.C. Moreover, the petitioner is languishing in judicial custody since 02.12.2022.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on

Patna High Court CR. MISC. No.14532 of 2023(2) dt.27-04-2023 3/3 bail in connection with Town P.S. Case No. 725 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Begusarai. (Sunil Kumar Panwar, J) Nirajkrs/- U T