Patna High CourtCR. MISC./13648/2024bail granted

Uma Das @ Umakant Das @ Umakant v. The State Of Bihar

2024-03-06Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13648 of 2024 Arising Out of PS. Case No.-109 Year-2023 Thana- NATIONAL HIGHWAY DistrictSamastipur ====================================================== Uma Das @ Umakant Das @ Umakant Son of Late Mahendra Das Resident of Village- Dih Sarsauna, P.S.- Bangra, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shanti Bhushan Singh, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bangra P.S. case No. 109 of 2023 instituted for the offences under Sections 147, 148, 149, 341, 342, 323, 324, 325, 354, 427, 333, 307, 353, 114, 188, 504 of the Indian Penal Code.

3. Prosecution case, in short, is that 22 named accused persons including the petitioner along with 50-60 unknown created hindrance in discharging the duties of police personnel. In the alleged incident, the accused persons also damanged the JCB machine which was brought to remove the encroachment.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.13648 of 2024(2) dt.06-03-2024 2/2 General and omnibus allegation has been made against the petitioner. No specific overt act has been alleged against the petitioner. Similarly situated co-accused person has already been granted bail by this Court vide order dated 04.03.2024 passed in Cr. Misc. No. 803 of 2024. It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.09.2023 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Bangra P.S. case No. 109 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T