Sonelal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22960 of 2019 Arising Out of PS. Case No.-499 Year-2018 Thana- BAKHTIYARPUR District- Patna ====================================================== SONELAL, aged about 20 years, (Male) S/o Rambali Rai R/o villageRaghopur, P.S.- Bakhtiyarpur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Murli Manohar Singh, Advocate For the Opposite Party/s :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-04-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 06.10.2018 in connection with Bakhtiyarpur P.S.Case No.499 of 2018 for the offence alleged under Sections 147, 148, 149, 341, 323, 307, 427, 353 and 283 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution case as lodged by the police personnel is that the petitioner and 28 other persons named in the FIR blocked NH-31 near Raghopur Mawesi Halt and were variously armed with lathi and danda and resorted to brickbatting and when the police tried to stop them, they started firing on police personnel.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent, it

Patna High Court CR. MISC. No.22960 of 2019(2) dt.15-04-2019 2/2 was a mob attack, general and omnibus allegations have been levelled against the petitioner and others and that the petitioner has been named by the Chaukidar. He further submits that some of the co-accused have been granted the privilege of bail by coordinate Benches of this Court in Cr.Misc.No.75542 of 2018 dated 17.12.2018 and Cr.Misc.No.1929 of 2019 dated 15.01.2019 However, learned APP for the State opposes the prayer for bail.

Considering the nature of allegations, general and omnibus allegation has been levelled against the petitioner and the petitioner does not bear any criminal antecedent as stated in para-3 of the present application, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Bakhtiyarpur P.S.Case No.499 of 2018 to the satisfaction of learned Additional Chief Judicial Magistrate, Barh, Patna.

B.Kr./- (Nilu Agrawal, J) U T