Durgesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6542 of 2023 Arising Out of PS. Case No.-182 Year-2022 Thana- GURARU District- Gaya ====================================================== 1.

Durgesh Kumar Son Of Late Rambali Thakur R/O Village- Baraurah, P.S.- Gararu, Distt- Gaya.

2.

Paras Paswan Son Of Triloki Paswan R/O Village- Rauda, P.S.- Gararu, Distt- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-04-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 353, 188 of the Indian Penal Code.

It is a case of creating hindrance in discharging official duty of the officials who have gone to vacate the encroached land.

It is submitted by learned counsel for the petitioners that the petitioners are innocent and they

Patna High Court CR. MISC. No.6542 of 2023(2) dt.11-04-2023 2/3 have committed no offence. They have falsely been implicated in the present case. It is further submitted that there is no specific allegation against the petitioners rather the allegation against them is that they were members of mob. The petitioners have no concern with the land where encroachment was to be removed. Moreover, the petitioners are languishing in judicial custody for more than five months. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration 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 in connection with Guraru P.S. Case No. 182 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.6542 of 2023(2) dt.11-04-2023 3/3 ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Gaya.

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