Subhash Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17674 of 2024 Arising Out of PS. Case No.-601 Year-2015 Thana- LAKHISARAI District- Lakhisarai ====================================================== Subhash Ram Son Of Late Dhan-Chan Ram Resident Of Village-Nababganj, P.S.-Surajgarha, District-Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 14-03-2024 Heard Mr. Rajive Ranjan Singh, learned counsel appearing on behalf of the petitioner and Mr. Anish Chandra, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Lakhisarai P.S. Case No. 601 of 2015 registered under Sections 147, 149, 353, 332 of the Indian Penal Code.

3. As per the allegation made in the FIR, a mob of nearly 100 accused persons used criminal force to deter public servants from discharging of their duty.

4. Learned counsel appearing on behalf of the petitioner submits that no specific allegation of assault is alleged against the petitioner, he is innocent and he has falsely been implicated in the present case. At the best petitioner can be one of the member of the mob.

5. Learned APP for the State vehemently opposed the

Patna High Court CR. MISC. No.17674 of 2024(2) dt.14-03-2024 2/2 prayer for grant of pre-arrest bail.

6. Considering the rival submission made on behalf of the parties, as well as, the fact that general and omnibus allegation has been levelled against the petitioner, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The District Court is directed to release the petitioner on anticipatory bail, in the event of his/her arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned J.M.- Ist Class, Lakhisarai in connection with Lakhisarai P.S. Case No. 601 of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

8. The District Court is directed to verify the criminal antecedent of the petitioner(s), as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner(s), as what has been stated in paragraph no. 3, this order will lose its force automatically.

(Purnendu Singh, J.) Ashishsingh/- U T