Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24931 of 2023 Arising Out of PS. Case No.-153 Year-2022 Thana- KHARIK District- Bhagalpur ====================================================== 1.

Pintu Kumar Son Of Akhilesh Yadav Resident Of Village - Kaluchak, Bishwapuriya, P.S. - Nadi, Distt. - Bhagalpur 2.

Kunal Kumar Son Of Sunil @ Sunil Yadav Resident Of Village - Kaluchak, Bishwapuriya, P.S. - Nadi, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 341, 342, 323, 307, 436, 186, 188, 332, 333, 338, 353, 427, 504 of the Indian Penal Code.

As per prosecution case, it is alleged that all FIR named accused persons including the petitioners were doing protest against scheme of Agniveer and during protest they also damaged public property.

Patna High Court CR. MISC. No.24931 of 2023(2) dt.23-05-2023 2/3 Learned counsel for the petitioners submit that the petitioners are innocent and have committed no offence. The petitioners were not involved in damaging the public property rather they have falsely been implicated in this case merely on the basis of suspicion. It appears from FIR that the there is no specific overt-act has been attributed against the petitioners rather general and omnibus allegation attributed against them. Similarly situated co-accused has already been granted bail by this Court vide order dated 23.12.2022 passed in Cr. Misc. No. 44785 of 2022. It is further submitted that the petitioners are languishing in judicial custody since 13.01.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Kharik P.S. Case No. 153 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like

Patna High Court CR. MISC. No.24931 of 2023(2) dt.23-05-2023 3/3 amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Naugachhiya.

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