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Patna High CourtCR. MISC./51445/2023allowed

Bablu Khan @ Bablu Sheikh @ Gulam Peer v. The State Of Bihar

2023-08-11Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51445 of 2023 Arising Out of PS. Case No.-275 Year-2023 Thana- SASARAM NAGAR District- Rohtas ====================================================== 1.

Bablu Khan @ Bablu Sheikh @ Gulam Peer S/O Rizvi Khan @ Rizvi Sheikh R/O Mohalla- Shahjalalpur, P.S- Sasaram(T), Distt.- Rohtas. 2.

Golden Sheikh @ Md. Shahbaz Sheikh S/O Md. Kamruddin @ Kamru Sheikh R/O Mohalla- Shahjalalpur, P.S- Sasaram(T), Distt.- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shakil Ahmad Khan For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 188, 153A, 341, 342, 323, 337, 338, 353, 307, 427, 435, 436, 504, 505, 506 of the Indian Penal Code and Section 302 of the IPC and Section 27 of the Arms Act.

3. As per prosecution case, the allegation against the petitioners and 200-250 unknown persons is that on the eve of Ramnavmi, they were spreading anti-social elements and assaulting many persons due to which police officials and many people sustained injuries.

Patna High Court CR. MISC. No.51445 of 2023(2) dt.11-08-2023 2/3

4. Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. The petitioners are not named in the FIR and they have got no criminal antecedent rather they have falsely been implicated in this case merely on the basis of suspicion. There is no specific allegation levelled against the petitioners there is general and omnibus allegation levelled against them. Except suspicion nothing consistent evidence come out against the petitioners. Similarly situated coaccused has alredy been granted bail by a coordinate Bench of this Court vide order dated 21.07.2023 passed in Cr. Misc. No. 43010 of 2023. It is further submitted that the petitioners are languishing in judicial custody since 30.05.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Sasaram

Patna High Court CR. MISC. No.51445 of 2023(2) dt.11-08-2023 3/3 (Town) P.S. Case No. 275 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram.

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