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Patna High CourtCR. MISC./40555/2023bail granted

Jata Shankar Patel @ Jatashankar Patel v. The State Of Bihar

2023-07-12Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40555 of 2023 Arising Out of PS. Case No.-42 Year-2022 Thana- BALTHAR District- West Champaran ====================================================== Jata Shankar Patel @ Jatashankar Patel Son Of Pannalal Patel Resident Of Village And P.S. - Balthar, District - West Champaran. ... ... Petitioner/S

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brajesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-07-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Balthar P.S. Case No. 42 of 2022 registered on 20.03.2022 lodged under Sections 147, 148, 149, 341, 342, 323, 324, 325, 326, 332, 333, 307, 337, 338, 379, 380, 427, 353, 447, 448, 452, 302, 395, 186, 188, 201, 504, 506/120(B)of the I.P.C. and 27 of the Arms Act.

4. As per the prosecution case, F.I.R. has been lodged against 357 named accused persons including the petitioner. The present F.I.R. has been lodged on the written complaint against D. J. Organizer, as the said D. J. Organizer was seized by the

Patna High Court CR. MISC. No.40555 of 2023(2) dt.12-07-2023 2/3 Circle Officer and the same was brought on a pickup van to the Police Station by Anirudh Yadav along with other persons, who started misbehaving with the Police party and subsequently the alleged accused persons burned the police vehicle, as well as, the Sub-Inspector.

5. Counsel for the petitioner submits that from the content of the F.I.R. nothing specific has come against any of the accused persons. He submits that series of persons have been granted bail by the Co-ordinate Bench of this Court vide order dated 05.07.2023 in Cr. Misc. No.21714 of 2023 and vide order dated 29.11.2022 in Cr. Misc. No.42801 of 2022, with four analogous cases.

6. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 22.03.2022 having clean antecedent.

7. Learned counsel for the State opposes the prayer for bail.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial

Patna High Court CR. MISC. No.40555 of 2023(2) dt.12-07-2023 3/3 Magistrate-IV, West Champaran in connection with Balthar P.S. Case No. 42 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

9. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) Ashishsingh/- U T