Patna High CourtCR. MISC./53319/2024bail granted

Arun Sah v. The State Of Bihar

2024-08-08Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53319 of 2024 Arising Out of PS. Case No.-161 Year-2024 Thana- MAJORGANJ District- Sitamarhi ====================================================== Arun Sah Son of Chotelal Sah R/V- MADHOPUR, MALINIYA TOLA JANKI NAGAR, P.S.- MEJORGANJ, DISTT.- SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Murari, Adv.

For the Opposite Party/s :

Mr.Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-08-2024

1. Heard the parties.

2. Petitioner seeks regular bail in connection with Mejorganj P.S. Case No. 161 of 2024 dated 08.05.2024 registered for the offence(s) punishable under Section(s) 147, 148, 149, 188, 333, 337, 341, 342, 353, 427, 323, 307, 363, 365, 120B, 420, 452, 380, 436, 511, 504, 506 and 201 of the I.P.C.

3. Mr. Krishna Murari, learned counsel for the petitioner submits that a huge crowd of more than 200 persons is alleged to have committed the alleged offences out of them 190 persons including the petitioner have been named in the F.I.R. but against this petitioner, there is no specific allegation and he was not apprehended at the spot rather he was arrested at Prakhand Chowk, Mejorganj which is evident from his arrest memo. Further submission is that petitioner has got fair and

Patna High Court CR. MISC. No.53319 of 2024(2) dt.08-08-2024 2/2 clean antecedent and he has been languishing in jail since 09.05.2024 and the occurrence was not pre-planned and the same took place due to lapses on the part of the police in not taking legal action in respect of death of one, Aryan Kumar @ Kishan Kumar.

4. Mr. Binod Kumar No.3, learned APP appearing for the State opposes the bail prayer.

5. Considering the above submissions and mainly taking into account the petitioner's custody period and his fair and clean antecedent coupled with the fact that there is no specific allegation against this petitioner and a huge crowd is alleged to have committed the alleged occurrence, in my opinion, it is a fit case for grant of bail to the petitioner. Accordingly, let the petitioner named-above be released on bail in connection with Mejorganj P.S. Case No. 161 of 2024 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) BKS/- U T