Bilash Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16028 of 2024 Arising Out of PS. Case No.-30 Year-2023 Thana- MORKAHI District- Khagaria ====================================================== Bilash Sada S/O Ghuran Sada, R/O Village- Bochgaska, P.S- Morkahi, Distt.- Khagaria.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Abhishek Kumar Pandey, Advocate For the Opposite Party :

Mr.Umesh Lal Verma, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and the State.

2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 384/307/34 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, on the alleged date and time of the occurrence, while the informant was cutting crops, all the FIR named accused persons including this petitioner and 10 to 20 unknown persons came there and tried to stop them and demanded rangdari of Rs.50,000/- for cutting crops. Accused persons assaulted the informant with lathi and also made indiscriminate firing as a result of which one Pranjal Kumar sustained fire arms injury in his right hand.

4. Learned counsel appearing for the petitioner submits that the allegation of firing is against other accused persons and petitioner can be said to be member of the mob and no specific overt act has been alleged against this petitioner. Petitioner has falsely been implicated in this case due to land dispute between the parties. Petitioner claims clean antecedent.

5. Considering the aforesaid facts of the case, prayer

Patna High Court CR. MISC. No.16028 of 2024(2) dt.14-03-2024 2/2 for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class, Khagaria in Morkahi Police Station Case No. 30 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T