Patna High CourtCR. MISC./81763/2024bail granted

Piyush Raj v. The State Of Bihar

2024-12-04Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81763 of 2024 Arising Out of PS. Case No.-298 Year-2024 Thana- ATRI District- Gaya ====================================================== Piyush Raj Son of Chunchun Singh Resident of Teachers Colony, P.S.- Wazirganj, Distt.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinu Kumar, Advocate Mr.Vardaan Mangalam, Advocate Mrs. Ritika Rani, Advocate Ms. Himja Gautam Singh, Advocate Ms. Rupali, Advocate For the Opposite Party/s :

Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Atri P.S. Case No. 298 of 2024, registered on 15.08.2024 for the alleged offences under Sections 127(1), 127(2), 115(2), 132, 3(5) of BNS, 2023.

3. As per prosecution case, police received secret information about a person bringing illicit liquor on a stolen motorcycle. The motorcycle was intercepted and while it was being checked, 3-4 persons on a four wheeler reached there and entered into scuffle with the informant and started assaulting him. Meanwhile, police party reached there and one of the

Patna High Court CR. MISC. No.81763 of 2024(2) dt.04-12-2024 2/3 miscreants was apprehended, who is the present petitioner, who also disclosed the name of other persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case and nothing incriminating has been recovered from the person or possession of the petitioner. The petitioner was merely a passersby and he was caught by the police under suspicion. The petitioner was not riding the motorcycle or driving four wheeler nor was a member of the gang. The petitioner has been made accused in five other cases but he is on bail in all such cases. The petitioner is in custody since 15.08.2024 and charge sheet has been submitted.

5. Learned APP opposes the submission made on behalf of the petitioner. Learned APP submits that the petitioner and other co-accused persons attacked the police personnel and he is accused in five other cases.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner and submission of charge sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.81763 of 2024(2) dt.04-12-2024 3/3 learned Chief Judicial Magistrate, Gaya/concerned Court in connection with Atri P.S. Case No. 298 of 2024, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions : (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) DKS/- U T