Ram Dayal Sah @ Jalo Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33732 of 2023 Arising Out of PS. Case No.-725 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Ram Dayal Sah @ Jalo Sah, son of Late Bhagwan Sah, Village- Chatti Road Woard No- 34, Ps- Nagar (Ratanpur OP) Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prem Kumar, Advocate For the Opposite Party/s :
Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks regular bail in connection with Town (Ratanpur) P.S. Case No. 725 of 2022 for the offence registered under Sections 341, 147, 148, 149, 353, 307, 224, 225, 323 of the I.P.C.
Allegation against the petitioner and other co-accused persons is that they created hindrance in discharging the official duty of police officials when they intercepted a merchant of illegal wine, namely, Ravi Raj Kumar. It is further alleged that petitioner along with other co-accused persons assaulted the informant due to which he sustained injuries. Learned counsel for the petitioner submits that there is general and omnibus allegation against the petitioner. Allegation against the petitioner is that he is the member of mob and he is
Patna High Court CR. MISC. No.33732 of 2023(2) dt.24-06-2023 2/2 not the assailant. He further submits that although there are six criminal antecedents against the petitioner in which he is enlarged on bail and in two cases he has been acquitted. The injury sustained by the victim is simple in nature and chargesheet has not been submitted under Section 307 of the IPC. Petitioner is in jail custody since 19.03.2023. Further, similarly situated co-accused namely Bhola Sah @ Bhola Saw @ Bhola Prasad has been granted bail by a coordinate Bench of this Court vide order dated 27.04.2023 passed in Cr. Misc. No. 14532 of 2023.
Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner on the ground of criminal antecedent of the petitioner. Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai in Town P.S. Case No. 725 of 2022. (Sunil Dutta Mishra, J) khushbu/- U T