← Library
Patna High CourtCR. MISC./8219/2023bail granted

Sonu Kumar v. The State Of Bihar

2023-05-12Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8219 of 2023 Arising Out of PS. Case No.-457 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== Sonu Kumar Son of Bhikham Mahato Kharwar Resident of VillageSinghachapar, Ward No.-05, P.O.- Gonauli, Dodusahia Padri, P.S.- Mufassil Bettiah, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gaurav Prakash, Advocate For the Opposite Party/s :

Ms. Madhuri Lata, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-05-2023 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Sections 143, 147, 148, 149, 341, 323, 353, 332, 333, 338, 435, 436, 307, 427, 504, 120B, 395 and 412 of the Indian Penal Code, Section 27 of the Arms Act and Section 3/4 of the Prevention of Damage of Public Property Act, 1984.

As per allegation, 72 named and 500 to 700 unnamed persons, including this petitioner, resorted to violent protest in front of the house of an Hon'ble Member of Parliament and have also allegedly damaged public property during the protest. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.8219 of 2023(2) dt.12-05-2023 2/2 petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner was not apprehended at the spot and no incriminating articles were recovered from the conscious possession of the petitioner. He further submits that similarly situated co-accused persons, namely, Vivek Kumar and Md. Alam have already been granted bail vide orders dated 03.02.2023 and 10.02.2023 passed in Cr. Misc. No. 61379 of 2022 and Cr. Misc. No. 71236 of 2022 respectively. Considering the aforesaid facts and circumstances, let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran in connection with Bettiah (Town) P. S. Case No. 457 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T