Jawahar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43975 of 2023 Arising Out of PS. Case No.-275 Year-2023 Thana- SASARAM NAGAR District- Rohtas ====================================================== Jawahar Prasad S/O Bhuti Mahto R/O Mohalla- Laskariganj (Kothatoli), P.SSasaram Nagar, Distt.- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Sasaram Nagar P.S. Case No. 275 of 2023 dated 31.03.2023 registered for the offences punishable u/ss 147, 148, 149, 188, 153A, 341, 342, 323, 337, 338, 353, 307, 427, 435, 436, 504, 505, 506 and 302 of the Indian Penal Code and u/s 27 of the Arms Act.

As per the prosecution case, the accused persons and 200-250 unknown persons are alleged to have assaulted many people due to communal disharmony. They also caused hindrance in discharging official duties of the police personnel.

Patna High Court CR. MISC. No.43975 of 2023(2) dt.25-07-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired in this case merely on the basis of suspicion. There is general and omnibus allegation against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has nine other criminal cases and he was acquitted in all the cases as stated in para 3 of the bail petition. The petitioner is in custody since 28.04.2023.

Learned A.P.P. for the State has vehemently opposed the prayer of bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Rohtas at Sasaram in connection with Sasaram Nagar P.S. Case No. 275 of 2023.

The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T