Gautam Kumar @ Gautam Kumar Bharti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11912 of 2024 Arising Out of PS. Case No.-210 Year-2022 Thana- RAJAPAKAR District- Vaishali ====================================================== Gautam Kumar @ Gautam Kumar Bharti Son of Rajveer Ray @ Rajvir Ray Resident of Village- Dayalpur, near Raktu Tola, P.S.- Rajapakar, O.P. Barati, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rupa Kumari For the Opposite Party/s :
Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 149, 341, 323, 332, 333, 353, 427, 188, 504, 506 of the Indian Penal Code and Section 151, 152, 175 of the Railways Act.
3. Allegedly, the petitioner along with several other persons are said to have participated in the protest of Agnivir Scheme and also pelted bricks on the police party and obstructed in discharging their official duty during the course of such protest.
4. Learned counsel for the petitioner submits that the petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that the FIR has been
Patna High Court CR. MISC. No.11912 of 2024(2) dt.12-03-2024 2/2 lodged against 12 named and 50-60 unknown persons. He submits that similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 30.08.2023 passed in Cr. Misc. No. 56965 of 2023. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the facts and circumstances of the case, let the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Rajapakar (Baranti O.P.) P.S. Case No. 210 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T