Ramu Rai @ Ramu Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41172 of 2020 Arising Out of PS. Case No.-110 Year-2020 Thana- BHAIRAVSHTHAN DistrictMadhubani ====================================================== RAMU RAI @ RAMU RAY, Son of Modi Ray Resident of Village- Lohna Pathsala @ Lohna East Tol, Ward No. 11, P.S.- Bhairab Asthan, DistrictMadhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sushil Kumar Jha For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-06-2021 Heard Mr. Sushil Kumar Jha, learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Bhairab Ashthan P. S. Case No. 110 of 2020, dated 27.07.2020, instituted for the offences under Sections 148, 149, 341, 323, 324, 307, 325, 332, 333, 188, 283, 353, 379, 427, 120(B), 504 and 506 of the Indian Penal Code; Section 27 of the Arms Act, 1959; Sections 51, 52 and 53 of the Disaster Management Act, 2005; and Section 3 of the Epidemic Diseases Act, 1897.

Patna High Court CR. MISC. No.41172 of 2020(2) dt.22-06-2021 2/3 Because of an accident on road, an irate mob had blockaded the traffic. When the police party arrived to disperse the mob, the crowd started throwing bricks. Approximately 14 persons were rounded up by the police. One of them took the name of the petitioner also as one of the participants in the act.

The learned counsel for the petitioner has submitted that on this evidence, the petitioner ought not be asked to surrender before the court below and go to jail. He has further submitted that none of the offences mentioned in the F.I.R. can at all be said to have been made out against the petitioner.

The petitioner does not have criminal antecedents also.

Considering the background facts and vague nature of accusation, the petitioner, above-named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a

Patna High Court CR. MISC. No.41172 of 2020(2) dt.22-06-2021 3/3 copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., 1st, Jhanjharpur or his successor, in connection with Bhairab Ashthan P. S. Case No. 110 of 2020, subject to the conditions as laid down under Section 438

(2) Cr.P.C.

The application stands allowed.

(Ashutosh Kumar, J) skm/- U T