Rakesh Mochi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25586 of 2024 Arising Out of PS. Case No.-709 Year-2023 Thana- GAURICHAK District- Patna ====================================================== Rakesh Mochi S/o- Masudhan Mochi r/o Vill- Champapur, P.S.- Bakhtiyarpur, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanju Singh For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Gaurichak P.S. Case No. 76 of 2024 instituted for the offence under Sections 147, 148, 149, 188, 307, 323, 324, 325, 332, 333, 337, 338, 353, 427, 504, 506 of the Indian Penal Code.

3. As per prosecution case, the informant alleged that upon instigation of one Golden Das, the petitioner and coaccused persons created hindrance and assaulted many police officials due to which 8 police personnel sustained injuries. 4.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.25586 of 2024(2) dt.05-04-2024 2/2 case. There is no specific allegation levelled against the petitioner rather general and omnibus allegation has been levelled against him. The specific allegation of instigation is levelled against co-accused, namely, Golden Das. No incriminating article has been recovered from the conscious possession of the petitioner. Charge-sheet has been submitted in this case. The petitioner is languishing in judicial custody since 12.12.2023, and has one 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, period of custody of 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 Gaurichak P.S. Case No. 76 of 2024.

(Rudra Prakash Mishra, J) manishkumar/- U T