Ramji Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27816 of 2023 Arising Out of PS. Case No.-138 Year-2014 Thana- MADANPUR District- Aurangabad ====================================================== RAMJI BHUIYAN SON OF LATE LAKSHUMAN BHUIYAN VILLAGEAJAD BIGHA, PS- MADANPUR, DISTT- AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Mukul Kumari, Adv.

For the Opposite Party/s :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 147, 148, 149, 353, 435, 427 of the IPC, 27 of the Arms Act, 3⁄4 of Explosive Substance Act and 17 of C.L.A. Act.

3.

Allegedly, a huge mob of about 500 persons pelted stones on Madanpur police station, fired bullets and blocked the road. It is further alleged that they forcibly entered in the B.D.O. Office, Madanpur and damaged the office.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He is not named in the F.I.R. and has been falsely implicated in this case. His name transpired at para-34 of the case diary. Though it

Patna High Court CR. MISC. No.27816 of 2023(3) dt.27-07-2023 2/2 has come in the impugned order that on perusal of the supervision note at para-41 of the case diary, it appears that the case has been found true against the petitioner but petitioner can only said to be a member of the mob and several similarly situated co-accused have been granted anticipatory bail by the co-ordinate Bench of this Court vide Annexure-2 series of the bail application. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Madanpur P.S. Case No.138 of 2014, G.R. No.1419/2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) pallavi/- U T