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Patna High CourtCR. MISC./9308/2023allowed

Umesh Paswan @ Umesh Ravidas v. The State Of Bihar

2023-05-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9308 of 2023 Arising Out of PS. Case No.-182 Year-2022 Thana- GURARU District- Gaya ====================================================== UMESH PASWAN @ UMESH RAVIDAS Son of Late Charitar Ravidas R/vBaraurah, P.S.- Guraru, District- 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. Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-05-2023 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, 353 * 188 of the Indian Penal Code.

As per FIR, it is a case of creating hindrance in discharging official duty of the officials who have gone to vacate the encroached land.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is further submitted vide para-9 of the petition that the petitioner has no concern with the land in question from where the encroachment was to be removed. There is no specific allegation against the petitioner rather he was only member of mob due to which he

Patna High Court CR. MISC. No.9308 of 2023(2) dt.03-05-2023 2/2 has falsely been made accused in the present case. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. Moreover, similarly situated coaccused persons have already been granted bail by this Court vide order 11.4.2023 passed in Cr. Misc. No. 6542 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 21.10.2022.

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 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 Guraru P.S. Case No. 182 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 Judicial Magistrate-1st Class, Gaya.

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