Sindheshwar Chaupal @ Sisheshwar Khatabey @ Sidheshwar Khatabey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12874 of 2023 Arising Out of PS. Case No.-257 Year-2019 Thana- LAUKAHI District- Madhubani ====================================================== SINDHESHWAR CHAUPAL @ SISHESHWAR KHATABEY @ SIDHESHWAR KHATABEY Son of Mahabir Khatabey @ Mahabir Chaupal R/V- Kakardov, P.S- Laukahi, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hriday Narayan Harshit For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 147, 148, 149, 323, 337, 338, 504, 435, 427, 307, 332, 333, 353, 283, 188 and 379 of the Indian Penal Code and Sections 3/4 of the Damage to Public Property Act.

As per allegation in the FIR, petitioner along with others co-accused persons have created hindrance by pelting stones to the police party in discharging the official duty and also damage the wind screen of various vehicle on the road. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no

Patna High Court CR. MISC. No.12874 of 2023(2) dt.25-04-2023 2/2 offence. General and omnibus allegations have been levelled against him. He was only the member of the mob. He has got no criminal antecedent. There is no specific overt act against the petitioner. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his possession. He is languishing in judicial custody since 17.11.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Jhanjharpur, Madhubani in connection with Laukahi P.S. Case No. 257 of 2019.

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