Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7270 of 2023 Arising Out of PS. Case No.-461 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== Chandan Kumar Son Of Beni Raut @ Beni Patel R/O Village- Diuliya, P.S.- Inerwa, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-04-2023 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 section 147, 148, 149, 448, 427, 323, 341, 307, 120(B) of the Indian Penal Code. As per prosecution case, it is alleged that about 1000 miscreants including the petitioner were doing protest and attempted to enter into the residential house of Deputy Chief Minister and during protest they damaged public property. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner was not involved in damaging the public property rather he has falsely been implicated in this case only on the

Patna High Court CR. MISC. No.7270 of 2023(2) dt.11-04-2023 2/2 basis of suspicion. It appears from FIR that the there is no specific overt-act has been alleged against the petitioner. The petitioner is not named in FIR rather his name came into light on the basis of confessional statement of co-accused persons. It is further submitted that the petitioner is languishing in judicial custody since 20.7.2022.

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 period of custody of the petitioner, 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. 461 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, Bettiah, District- West Champaran. (Sunil Kumar Panwar, J) Amandeep/- U T