Lal Babu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81952 of 2023 Arising Out of PS. Case No.-297 Year-2023 Thana- MIRGANJ District- Gopalganj ====================================================== 1.

Lal Babu Sah Son of Ramaji Sah R/o vill - Line Bazar, P.S. - Mirganj, Distt. - Gopalganj 2.

Santosh Prasad Son of Shiv Mangal Sah R/o vill - Line Bazar, P.S. - Mirganj, Distt. - Gopalganj 3.

Rahul Kumar Son of Lal Babu Sah R/o vill - Line Bazar, P.S. - Mirganj, Distt. - Gopalganj 4.

Sanjay Prasad @ Sanjay Kumar Son of Bishwanth Prasad Sah R/o vill - Line Bazar, P.S. - Mirganj, Distt. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhramveer For the Opposite Party/s :

Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for regular bail in a case instituted for the offence under Sections 147, 148, 149, 341, 323, 332, 307, 353, 337, 153(a), 295(a), 427 and 298 of the Indian Penal Code and Section 66 (D) of I.T. Act.

Patna High Court CR. MISC. No.81952 of 2023(2) dt.19-12-2023 2/3

3. As per prosecution case, the informant who is S.H.O. of Mirganj P.S. got the information that 100-125 unsocial elements and rowdies with a view to spoil communal atmosphere were pelting stones in the society.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. There is no specific allegation against the petitioners and the allegation is general and omnibus in nature. He further submitted that the other co-accused have already been granted bail by different Co-ordinate Benches vide orders dated 07.12.2023 and 08.12.2023 passed in Cr. Misc. Nos. 78759 of 2023 and 79723 of 2023, respectively. The petitioner nos. 1, 2 and 3 are languishing in judicial custody since 03.08.2023 and petitioner no. 4 is languishing in judicial custody since 04.09.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand

Patna High Court CR. MISC. No.81952 of 2023(2) dt.19-12-2023 3/3 only) each with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Mirganj P.S. Case No. 297 of 2023.

(Sunil Kumar Panwar, J) ashishkr/- U T