IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20211 of 2025 Arising Out of PS. Case No.-147 Year-2024 Thana- BELSAND District- Sitamarhi ====================================================== Pappu Sahni S/o Gulten Sahni Resident of village- Belsand, ward no. 5, P.S.- Belsand, Distt.- Sitamarhi ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dwij Raj, Advocate For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 15-04-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Belsand P.S. Case No. 147 of 2024, instituted for the offences punishable under Sections 223, 224, 191(2), 191(3), 190, 192, 292, 126(2), 115(2), 121, 109, 132, 324(4), 352, 351(3), 299, 326(f) of the Bharatiya Nyaya Sanhita, 2023 read with Sections 3/4 of the Bihar Control and Use of Loudspeaker Act, 1955. 3. The prosecution case, in short, is that, while the informant with other police officers were on duty on the occasion of emersion of Maa Durga idol, the petitioner along with other co-accused persons named in the FIR and 1000 to 1200 unknown persons variously armed with lathi, bhala, gandasa and sword reached near Masjid, started raising slogan Patna High Court CR. MISC. No.20211 of 2025(2) dt.15-04-2025 2/3 against the particular religion on DJ. The informant and other police officials tried to pacify them but of no effect. The people of two communities started pelting stones on each other. During that course some police personnel also sustained injury. The accused persons also set fire the shop of Md. Kajim. The accused persons were raising slogans against the administration and disturbed the informant and police personnel in discharge of their official duty. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the allegation levelled against the petitioner is general and omnibus in nature and no specific allegation has been attributed against the petitioner. It is next submitted that the petitioner was not present at the place of occurrence on the alleged date of occurrence. Name of the petitioner has transpired in this case on the basis of disclosure made by local chowkidar. The petitioner is in custody since 04.01.2025 and has got seven criminal antecedents in which he is on bail. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by a Patna High Court CR. MISC. No.20211 of 2025(2) dt.15-04-2025 3/3 Co-ordinate Bench of this Court vide order dated 28.02.2025 passed in Cr. Misc. No. 4623 of 2025. 5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Belsand P.S. Case No. 147 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. Rajorshi/- (Rudra Prakash Mishra, J) U T