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Patna High CourtCR. MISC./14815/2025bail granted

Jai Kishore Baitha v. The State Of Bihar

2025-03-22Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14815 of 2025 Arising Out of PS. Case No.-154 Year-2024 Thana- SAHIYARA District- Sitamarhi ====================================================== Jai Kishore Baitha S/O Laxman Baitha R/O Vill.- Kodwara, P.S- Sahiyara, Dist.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Ranjan, Adv.

For the Opposite Party/s :

Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-03-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sahiyara P.S. Case No. 154 of 2024 dated 04.12.2024 registered for the offences punishable u/ss 126(2), 115(2), 118(1), 109, 352, 351(2), 351 (3), read with Section 3(5) of the B.N.S.

3. As per the prosecution case, when the informant was going to his house, the accused persons stopped him and told him to dance on DJ sound which was denied by the informant. Thereafter, the petitioner and the co-accused persons started assaulting him with fists and slaps, lathi and danda etc. The coaccused, Shashi Kumar inflicted handpipe handle blow on his head. When the informant's father came to rescue him, he was also assaulted by the accused persons.

4. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.14815 of 2025(2) dt.22-03-2025 2/2 the petitioner is innocent and has falsely been implicated in this case. The occurrence took place on 01.12.2024 but the F.I.R. was lodged on 04.12.2024 and there is no explanation for this delay. There is general and omnibus allegation against the petitioner. The specific allegation of assaulting is against the co-accused, Shashi Kumar. Nothing has been recovered from the conscious possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 07.12.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Sitamarhi in connection with Sahiyara P.S. Case No. 154 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T