Rocky Kumar @ Sumit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16309 of 2024 Arising Out of PS. Case No.-27 Year-2024 Thana- WARISLIGANJ District- Nawada ====================================================== Rocky Kumar @ Sumit Kumar S/O Sunil Singh @ Sunil Kumar R/O VillageLodipur, P.S- Bind, Distt.- Nalanda. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suraj Kumar, Advocate For the Opposite Party/s :
Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-05-2024 Heard learned counsel for the petitioner and learned APP for the State.
2.
The petitioner seeks bail in connection with Nawada Warisaliganj P.S. Case No. 27 of 2024 instituted for the offence under Sections 147, 148, 149, 323, 324, 332, 333, 337, 338, 307, 353 of the Indian Penal Code & Section 27 of the Arms Act.
3.
As per prosecution case, the petitioners along with 59 other named co-accused persons were allegedly belonged to two community i.e., Dhanuk and Yadav and were brick-batting and firing and created nuisance for the control of business at Railway Rack Point. Upon the police party arriving at the place, they have also abused them, pelted stones and manhandled
Patna High Court CR. MISC. No.16309 of 2024(3) dt.10-05-2024 2/3 them, due to which police party sustained injury. It is further alleged that 13 empty cartridges and two vehicle were recovered from the road of village Balwapar.
4.
It has been submitted on behalf of the petitioners that the petitioner is in custody since 13-01-2024. Petitioner is a man of clean antecedent.
5.
It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is general and omnibus allegation levelled against the petitioner. There is no specific allegation against the petitioner. Petitioner has no concern with the alleged occurrence. Other co-accused has been granted bail by this Court vide order dated 14-03-2024, passed in Cr. Misc. No. 18559 of 2024.
6.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioners. 7.
Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.
8.
Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with
Patna High Court CR. MISC. No.16309 of 2024(3) dt.10-05-2024 3/3 two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nawada Warisaliganj P.S. Case No. 27 of 2024.
(Rudra Prakash Mishra, J) Raj Kishore/- U T