Bhulan Majhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44598 of 2023 Arising Out of PS. Case No.-253 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Bhulan Majhi S/O Bhikhari Majhi R/O Village- Saphi, Britiya Tola, Ps. Raghunathpur, Dist. East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumit Kumar For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 332, 333, 353, 337, 338, 225, 427 and 504 of the Indian Penal Code.

As per prosecution case, when the police personnel went on raid, the petitioner and his associates started pelting the stone and bricks upon them and also make obstacle in discharge of their official duties.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. He is a member of unlawful assembly and he has falsely been implicated in this case at the instance of local chaukidar who is inimical to the

Patna High Court CR. MISC. No.44598 of 2023(2) dt.14-09-2023 2/2 petitioner. There is no specific allegation agaisnt the petitioenr and the allegations levelled are general and omnibus in nature. Nothing has been recovered from his conscious possession. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Similarly situated other accused persons have already been enlarged on bail by another coordinate Bench of this Court vide order dated 28.06.2023 passed in Cr. Misc. No. 37172 of 2023 and 37359 of 2023. Moreover, the petitioner is languishing in judicial custody since 26.02.2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Turkauliya P.S. Case No. 253 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class-cum-Sub-Judge, East Champaran, Motihari.

(Sunil Kumar Panwar, J) lata/- U T