Bhola Kumar @ Bhola Prasad @ Bhola Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52170 of 2021 Arising Out of PS. Case No.-117 Year-2020 Thana- LAHERIMUHALLA District- Nalanda ====================================================== BHOLA KUMAR @ BHOLA PRASAD @ BHOLA RAM S/o Karu Ram @ Karu Ji R/o Village- Mathuria Mohalla- P.S.- Laheri, District- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amresh Kumar Sinha, Advocate For the Opposite Party/s :
Ms. Gulnar Begum, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner seeks regular bail in connection with Laheri P.S. Case No. 117/2020 registered for the offences punishable under Sections 147, 148, 149, 341, 342, 323, 379, 307, 504 of the Indian Penal Code 1860 and Section 27 of the Arms Act. The allegation in nutshell is that the petitioner along with other accused persons arrived at the house of the informant after consuming liquor armed with lathi, danda, pistol etc. and co-accused Chandan @ Rahul started firing which did not hit the informant, and, thereafter, the informant was assaulted by co-accused Chandan @ Rahul by means of butt of pistol and the petitioner and other accused persons also assaulted the
Patna High Court CR. MISC. No.52170 of 2021(2) dt.22-04-2022 2/3 informant and snatched golden chain worth Rs. 45,000/-. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case with oblique motive. He further submits that the petitioner has got no criminal antecedent and from perusal of the First Information Report it appears that the allegation against the petitioner is general and omnibus in nature. Learned counsel referring to Annexure-2 submits that co-accused persons having similar allegation have been granted bail by a co-ordinate Bench of this Court in Cr. Misc. 3103 of 2021. The petitioner is in custody since 25.03.2021.
Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that the allegation against the petitioner is general and omnibus in nature and other similarly situated co-accused person has been granted bail by a co-ordinate Bench of this Court, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda at
Patna High Court CR. MISC. No.52170 of 2021(2) dt.22-04-2022 3/3 Biharsharif, in connection with Laheri P.S. Case No. 117 of 2020.
(Anil Kumar Sinha, J) S.Ali/- U T