Kunal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 22726 of 2024 Arising Out of PS. Case No.-27 Year-2024 Thana- WARISLIGANJ District- Nawada ====================================================== 1.
BALMIKI YADAV SON OF PRABHU YADAV RESIDENT OF VILLAGE - BALWAPAR, POLICE STATION - WARISALIGANJ, DISTRICT - NAWADA 2.
SANJAY YADAV SON OF JAGDISH YADAV RESIDENT OF VILLAGE - BALWAPAR, POLICE STATION - WARISALIGANJ, DISTRICT - NAWADA 3.
VIKASH KUMAR SON OF LATE SAGAR YADAV RESIDENT OF VILLAGE - BALWAPAR, POLICE STATION - WARISALIGANJ, DISTRICT - NAWADA 4.
NAULESH KUMAR @ NAULESH YADAV SON OF VIJAY YADAV RESIDENT OF VILLAGE - BALWAPAR, POLICE STATION - WARISALIGANJ, DISTRICT - NAWADA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 22892 of 2024 Arising Out of PS. Case No.-27 Year-2024 Thana- WARISLIGANJ District- Nawada ====================================================== KUNAL KUMAR SON OF SHIV KUMAR YADAV Resident of Village - Balwapar, P.S. - Warisaliganj, District - Nawada ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 22726 of 2024) For the Petitioner/s :
Mr.Birendra Kumar For the Opposite Party/s :
Mr.Chandra Sen Prasad Singh (In CRIMINAL MISCELLANEOUS No. 22892 of 2024) For the Petitioner/s :
Mr.Sheo Kumar Prasad For the Opposite Party/s :
Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-04-2024 Heard learned counsel for the petitioners and learned APP
Patna High Court CR. MISC. No. 22726 of 2024(2) dt.02-04-2024 2/3 for the State.
2.
The petitioners seek bail in connection with 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 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 petitioners are in custody since 13-01-2024. Petitioners have no criminal antecedent.
5.
It has been further submitted by the petitioners' counsel that petitioners have been falsely implicated in the present case. There is general and omnibus allegation levelled against the petitioners. There is no specific allegation levelled
Patna High Court CR. MISC. No. 22726 of 2024(2) dt.02-04-2024 3/3 against the petitioners. Petitioners have no concern with the alleged occurrence. Other co-accused persons have 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 petitioners, clean antecedent of the petitioners and claim based on parity, this Court is inclined to grant bail to the petitioners. 8.
Let the petitioners 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 Warisaliganj P.S. Case No. 27 of 2024.
(Rudra Prakash Mishra, J) manishkumar/- U T