Shyamdeep Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12081 of 2023 Arising Out of PS. Case No.-457 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== Shyamdeep Kumar, Gender-Male, aged about 19 years, S/o Suresh Das R/oTikuliya, P.S.- Chanpatiya, District- West Champaran ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Gauri Shankar Thakur, Advocate For the Opposite Party :
Ms. Renu Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Bettiah Town P.S. Case No. 457 of 2022 dated 17.06.2022, instituted for the offence punishable under Sections 143, 147, 148, 149, 341, 323, 353, 332, 333, 338, 435, 436, 307, 427, 504, 120(B), 395 and 412 of the Indian Penal Code and 27 of the Arms Act and 3⁄4 Prevention of Damage to Public Property Act, 1984.
3. The petitioner is accused of being part of the mob which had tried to commit arson and riot.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that 72 persons including the petitioner have been named and 500-700 unknown persons have been made accused in connection with an agitation which took
Patna High Court CR. MISC. No.12081 of 2023(2) dt.15-05-2023 2/2 place. Further, it is submitted that various F.I.Rs. were lodged for the same incident and the petitioner has also been made accused in four other such cases. It is submitted that the allegation is general and omnibus and non specific and besides the connected cases, he has four criminal cases. Learned counsel for the petitioner further submits that another coaccused, namely, Abhijeet Kumar has already been granted bail by a Co-ordinate Bench of this Court vide order dated 09.12.2022 passed in Criminal Miscellaneous No. 55936 of 2022. Lastly, it has been submitted that the petitioner is in custody since 17.06.2022 charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Bettiah, West Champaran in Bettiah Town P.S. Case No. 457 of 2022. (Khatim Reza, J) Gaurav Kumar/- U T