Bharat Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7654 of 2019 Arising Out of PS. Case No.-663 Year-2018 Thana- SUPAUL District- Supaul ====================================================== Bharat Kumar, Son of Badari Kamat, Resident of village Chakdumariya Punwar, Police Station - Supaul, District - Suapul. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gopal Kumar Jha For the Opposite Party/s :
Mr. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner has been languishing in custody since 22.11.2018 in a case registered for offences punishable under Sections 147, 148, 149, 307, 332, 333, 353, 354(B), 323, 337, 427, 504 and 506 of the Indian Penal Code and Section 3/4 Damage to Public Property Act.
Prosecution case as per the self statement of Basudeo Roy, Inspector-cum-S.H.O., Supaul Police Station recorded on 21.11.2018 to the effect that on 21.11.2018 at 11 A.M., that during course of visit of Chief Minister of State from Supaul to Saharsa, the students of political parties viz. R.J.D. and J.A.P. started creating nuisance at Lohia Chowk. Thereafter, on the
Patna High Court Cr.Misc. No.7654 of 2019(2) dt.11-02-2019 2/3 way 50 to 60 miscreants started damaging the Government property and also started assaulting the drivers of the Government vehicle as well as the police party by lathi, danda and by pelting stones. Thereafter, on the basis of identification by the drivers of the said government vehicle and local persons, four persons were apprehended on chase including the petitioner, who confessed their involvement in the occurrence. Apprehended accused suggested the names of sixteen other persons. In the assault made by the miscreants, several police personnel and drivers received injuries.
It is submitted by learned counsel for the petitioner that the accusation is general and omnibus in nature and he has falsely been made accused only on the basis of suspicion. A Statement has been made in paragraph no. 3 of the petition that petitioner is not having criminal antecedent. Learned A.P.P. submits that petitioner is named in the F.I.R.
Considering the accusation being omnibus and general and the period under custody, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial
Patna High Court Cr.Misc. No.7654 of 2019(2) dt.11-02-2019 3/3 Magistrate, Supaul, in connection with Supaul P.S. Case No. 663/2018 (G.R. No. 2237/2018).
(Dinesh Kumar Singh, J) sunilkumar/- U T