Subham Kumar @ Subham Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38209 of 2024 Arising Out of PS. Case No.-122 Year-2023 Thana- HASANPUR District- Samastipur ====================================================== Subham Kumar @ Subham Kumar Yadav SON OF JAMUN YADAV VILLAGE- JAGARNATHPUR, PS- HASANPUR, DIST- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sarbottam Kumar Sarkar, Adv.

For the Opposite Party/s :

Mr. Anish Chandra, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 342, 323, 504, 506, 427, 307, 337, 338, 353 and 143 of the Indian Penal Code.

3. As per the FIR, the petitioner along with other coaccused persons created obstruction in discharging the government work by pelting the stones on police personnel.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and he has committed no offence. No such occurrence as alleged has ever taken place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. His name has

Patna High Court CR. MISC. No.38209 of 2024(2) dt.26-07-2024 2/2 been transpired in the present case merely on disclosure made by Chowkidar. He further submits that at best, the petitioner can be said the member of mob. It is further submitted that the similarly situated co-accused has been enlarged on bail by this court vide order dated 01.05.2024 passed in Cr. Misc. No. 26838 of 2024. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner and the similarly situated co-accused has been granted bail, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Hasanpur P.S. Case No. 122 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T