Shree Ram Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71085 of 2024 Arising Out of PS. Case No.-267 Year-2017 Thana- BHAGWAN BAZAR District- Saran ====================================================== Shree Ram Singh Son of Late Shivji Singh Resident of Village-Karinga, P.SMuffasil, Dist-Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeet Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Gauri Shankar Gupta, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-10-2024 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, 333, 307, 353, 436, 427, 504, 115 of the Indian Penal Code, Section 27 of the Arms Act and Section 3⁄4 of Prevention of Public Properties Act.
3. As per prosecution case, one Guddu Rai, who was in police custody in Daudpur P.S. Case No. 143 of 2017, became ill and subsequently died during treatment in PMCH. Being aggrieved, all the FIR named accused persons along with some other unknown persons blocked NH-19 near Daroga Rai Chauk by keeping dead body of the deceased in mid of road and caused obstruction in traffic. They also assaulted the police personnel
Patna High Court CR. MISC. No.71085 of 2024(2) dt.23-10-2024 2/3 and pelted stones as well as bricks upon them. They caused damage to the public properties and set police vehicles on fire as well.
4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is totally false and based on concocted facts. His name has been transpired in the present case due to mistake of fact. He is said to be a member of mob and there is no specific allegation of assaulting or causing road jam rather there is general and omnibus allegation against the petitioner and others. It is further submitted that similarly situated co-accused have been enlarged on bail by different co-ordinate Bench of this Court. Learned counsel further submits that petitioner has one criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes the prayer for bail.
6. Having regard to the facts and circumstances of the case, since 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
Patna High Court CR. MISC. No.71085 of 2024(2) dt.23-10-2024 3/3 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 Bhagwan Bazar P.S. Case No. 267 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T