Yogendra Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4795 of 2023 Arising Out of PS. Case No.-102 Year-2022 Thana- PHULWARIA District- Begusarai ====================================================== YOGENDRA DAS Son of Late Rit Lal Das @ Ritlal Das R/v- Shokhara 03, Ward No. 02, P.S.- Phulwaria, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-05-2023 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Phulwaria Police Station Case No. 102 of 2022, dated 17.06.2022, disclosing offences under Sections 147/148/ 149/341/323/332/353/307/427/120-B of the Indian Penal Code. The prosecution case, as per the First Information Report, is that the petitioner, along with other co-accused persons, eight in number, protested due to the custodial death of one Kundan Mahto and during the protest, they vandalized the police vehicle and also pelted stones on the police party, due to which the driver of the vehicle sustained injury in his leg.

Patna High Court CR. MISC. No.4795 of 2023(2) dt.16-05-2023 2/3 Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case and the allegation against him is general and omnibus in nature. He next submits that the petitioner has got no criminal antecedent and similarly situated co-accused person, namely, Sachin Kumar, has been granted anticipatory bail by a co-ordinate Bench of this Court, vide order, dated 10.04.2023, passed in Criminal Misc. No. 5814 of 2023.

Regards being had to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that similarly situated co-accused person has been granted anticipatory bail by this Court, I am inclined to grant the petitioner privilege of anticipatory bail. This application is, accordingly, allowed.

Let the petitioner, Yogendra Das, in the event of his arrest or surrender before the Court below within a period of four weeks from today, 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 learned 1st Additional Chief Judicial Magistrate, Begusarai, in connection with Phulwaria Police Station Case No. 102 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal

Patna High Court CR. MISC. No.4795 of 2023(2) dt.16-05-2023 3/3 Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √