Chhabinath Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23984 of 2019 Arising Out of PS. Case No.-16 Year-2019 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== CHHABINATH RAM, age about 60 years, Male, S/o Late Dhola Ram, R/O village Baruri, P.S.- Durgawati, District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan, Advocate For the Opposite Party/s :

Mr.Ashraf Ansari, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-04-2019 Heard the learned counsel for the petitioner and learned counsel appearing on behalf of the State. Petitioner is languishing in judicial custody since 20.01.2019 in connection with Ramgarh P.S.Case No.16 of 2019/G.R.No.118 of 2019 for the offence alleged under Sections 147, 148, 149, 452, 332, 333, 435, 436, 337, 338, 323, 224, 225, 307, 153(AA), 342, 160, 379, 120(B) and 353 of the Indian Penal Code and Section 3/4 of the Prevention of Damage to Public Property Act.

The prosecution case as lodged by the police personnel is that there was a mob of about 2100 people who had blocked the road by putting dead body of one Shashikala Kumari and became violent, made nuisance and attacked the police party causing injuries to them also snatched away their

Patna High Court CR. MISC. No.23984 of 2019(2) dt.16-04-2019 2/3 weapons and set the police station on fire. As many as 101 persons have been named in the FIR including the petitioner on the basis of the persons present as per the CCTV footage. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal antecedent, allegations are general and omnibus, it was a mob attack and no specific allegation has been alleged against the petitioner. He further submits that some of the named accused have been granted the privilege of bail by a coordinate Bench of this Court in Cr.Misc.No.19626 of 2019 dated 01.04.2019 and some of the co-accused named in the FIR have also been granted the privilege of pre-arrest bail.

However, learned APP for the State opposes the prayer for bail.

Considering the nature of allegations and the materials on record, 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 Ramgarh P.S.Case No.16 of 2019/G.R.No.118 of 2019 to the satisfaction of learned Additional Chief Judicial Magistrate-I, Kaimur at Bhabua, subject to the condition that one of the bailors would be a close relative of the petitioner

Patna High Court CR. MISC. No.23984 of 2019(2) dt.16-04-2019 3/3 having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) B.Kr./- U T