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Patna High CourtCR. MISC./56770/2023allowed

Ramjan Baitha @ Ramjaan Baitha v. The State Of Bihar

2023-10-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56770 of 2023 Arising Out of PS. Case No.-129 Year-2023 Thana- SONBERSA District- Sitamarhi ====================================================== RAMJAN BAITHA @ RAMJAAN BAITHA S/O JAFIR BAITHA R/O VILLAGE- CHILRA, P.S- SONBARSA, DISTT.- SITAMARHI. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Parwej Khan For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 332, 353, 307, 333, 504, 506 & 427 of the Indian Penal Code.

3. As per the prosecution case, in course of checking the vehicles at Dostiya Chowk, all the accused persons attacked upon the police party and pelted stones, bricks etc. on them causing injury to the police personnel.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. He has

Patna High Court CR. MISC. No.56770 of 2023(2) dt.11-10-2023 2/2 been made accused in the present case on suspicion. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. At best, petitioner can be said to be the member of the mob. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Sonbarsa P.S. Case No. 129 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T