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Patna High CourtCR. MISC./9872/2023allowed

Sanoj Kumar v. The State Of Bihar

2023-04-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9872 of 2023 Arising Out of PS. Case No.-66 Year-2022 Thana- JEHANABAD RAIL P.S. District- Patna ====================================================== SANOJ KUMAR Son of Chanarik Prasad Resident of village - Pathrahat, P.S.- Dhanarua, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar For the Opposite Party/s :

Mr. Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-04-2023 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, 186, 447, 341, 323, 325, 307, 332, 333, 337, 338, 353, 380, 427, 435, 436, 506, 120B of the Indian Penal Code, 3/4 of the Damage to Public Property Act, 146, 147, 141, 143, 174 of the Railway Act and Section 27 of Arms Act.

As per prosecution case, it is alleged that about 500700 persons including the petitioner were doing protest against Central Government scheme of Agniveer 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

Patna High Court CR. MISC. No.9872 of 2023(2) dt.18-04-2023 2/2 rather he has falsely been implicated in this case only on the basis of suspicion. It is further submitted vide para 7 of the petition that the petitioner went to Masaurhi Bazar for purchasing of articles for the marriage of his sister, in meantime, the police arrested him and implicated in this case. From perusal of FIR, there is no specific overt-act has been alleged against the petitioner. Moreover, he is languishing in judicial custody since 28.6.2022.

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 Jehanabad Rail P.S. Case No. 66 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 Additional Sessions Judge XI, Patna. (Sunil Kumar Panwar, J) Amandeep/- U T