Bade Babu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22362 of 2025 Arising Out of PS. Case No.-302 Year-2024 Thana- DHAKA District- East Champaran ====================================================== Bade Babu S/o Mohammad Sayid R/o Village- Lahan Dhaka, P.S.- Dhaka, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brajesh Sahay, Advocate Mr. Shahid Jawed, Advocate For the Opposite Party/s :
Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 29-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Dhaka P.S. Case No. 302 of 2024, instituted for the offences punishable under Sections 191(2), 191(3), 190, 329(4), 324(4), 326(g), 115(2), 109, 132, 221, 121(1) and 121(2) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that, the petitioner along with other co-accused persons enraged after a person was declared dead at the hospital, and they have allegedly assaulted medical staff and set an ambulance on fire. Later on, their identification were established through video footage.
Patna High Court CR. MISC. No.22362 of 2025(2) dt.29-04-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case as he is resident of the same village from which the deceased belongs to. There is no specific allegation levelled against the petitioner. The petitioner is not at all concerned with the occurrence. The petitioner is in custody since 21.01.2025 and has got one criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 03.04.2025 passed in Cr. Misc. No. 18419 of 2025.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two
Patna High Court CR. MISC. No.22362 of 2025(2) dt.29-04-2025 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dhaka P.S. Case No. 302 of 2024.
(Rudra Prakash Mishra, J) Rajorshi/- U T