Ganesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72605 of 2021 Arising Out of PS. Case No.-267 Year-2019 Thana- PATEPUR District- Vaishali ====================================================== GANESH RAI SON OF SOGARATH RAI RESIDENT OF VILLAGEWARD NO 15, SIMARWA, P.S- PATEPUR, DIST- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Anuj Kumar, Advocate For the Opposite Party/s :

Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 22-01-2022 Heard Mr. Yogesh Chandra Verma, learned Senior Advocate for the petitioner and Ms. Nirmala Kumari, learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Patepur P.S. Case No. 267 of 2019 dated 12.10.2019 instituted for the offences under Sections 147, 148, 149, 452, 380, 436, 353, 332, 333, 307, 153, 504, 379, 511, 186, 188 and 427 of the Indian Penal Code and Section 27 of the Arms Act. It has been alleged in the FIR that a crowd had collected at the site where a lady by the name of Nutan Kumari was found to have been murdered. The crowd after some time became restive and when the police party tried to disperse the congregation, they were attacked by brick-bats and stones. The members of the mob also

Patna High Court CR. MISC. No.72605 of 2021(2) dt.22-01-2022 2/2 ransacked the house of one Akhilesh Ram, who was understood to be the perpetrator of crime.

The learned counsel for the petitioner has submitted that several persons have been named as accused in this case including the petitioner. Nothing specific has been alleged against him. The petitioner was only witnessing the occurrence but he has been wrongly named in the case as one of the participants in the offence.

In view of the afore-noted background facts and nothing specific having been alleged against the petitioner and taking into account his clean antecedents, he is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a 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 Chief Judicial Magistrate, Vaishali at Hajipur in connection with Patepur P.S. Case No. 267 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Ashutosh Kumar, J) krishna/- U T