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Patna High CourtCR. MISC./6442/2023allowed

Brijesh Kumar @ Barjesh Kumar v. The State Of Bihar

2023-04-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6442 of 2023 Arising Out of PS. Case No.-460 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== Brijesh Kumar @ Barjesh Kumar S/O Jawahar Sah R/V- Amaithia, P.S.- Yogapatti, District- West Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shiv Kumar Dwivedy For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 323, 338, 395, 427, 435, 412, 120B, 504, 506 of the Indian Penal Code.

As per prosecution case, informant alleged that on 18.06.2022, about 500 miscreants came to her Petrol pump namely Saroj and Sons Service Station Chhawani Bettiah and started damaging the petrol pump during protest of Agneeveer Scheme.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.6442 of 2023(2) dt.12-04-2023 2/2 falsely been implicated in this case merely on the basis of suspicion. Petitioner is not named in the FIR. Neither he was apprehended on the spot nor any incriminating article has been recovered from his conscious possession. It is further submitted that the petitioner is languishing in judicial custody since 11.08.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bettiah Town Kalibagh O.P. P.S. Case No. 460 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah. (Sunil Kumar Panwar, J) Manish/- U T