Binay Shah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69788 of 2022 Arising Out of PS. Case No.-187 Year-2020 Thana- SAKRA District- Muzaffarpur ====================================================== Binay Shah Son of Jhari Lal Shah R/v- Raghunathpur Donwan, P.S.- Sakra, district- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :
Mr.Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 21-03-2023 Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks regular bail in connection with Sakra P.S. Case No. 187 of 2020 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 323, 333, 353, 337, 338, 325, 324 and 354(A) of the Indian Penal Code. As per the prosecution, the police personnel were attacked and assaulted by this petitioner, co-accused persons and some unknown persons by means of lathi, bricks and danda etc. The main submissions advanced by the learned counsel for the petitioner are that the petitioner has falsely been implicated in this case due to high handedness of the police, there is no specific allegation against the petitioner except general and omnibus allegation, no incriminating article
Patna High Court CR. MISC. No.69788 of 2022(2) dt.21-03-2023 2/2 has been recovered from the conscious possession of this petitioner and similarly situated co-accused persons have been granted bail by different benches of this court vide orders passed in Cr. Misc. No. 15900 of 2021 and Cr. Misc. No. 19999 of 2022 respectively and the petitioner has been languishing in jail since 21.07.2022 having fair and clean antecedent. In view of the facts as stated above, in the opinion of this court, the petitioner deserves to a lenient approach of this court. Accordingly, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Sakra P.S. Case No. 187 of 2020.
(Shailendra Singh, J) Rajiv/- U T