Patna High CourtCR. MISC./41851/2023bail granted

Sanjeev Kumar v. The State Of Bihar

2023-07-24Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41851 of 2023 Arising Out of PS. Case No.-456 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== SANJEEV KUMAR S/O PHOOLSAGAR R/O Sirisawa Bazar, P.SMajhauliya, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-07-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

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

3. The petitioner has preferred this application for grant of regular bail in connection with S.Tr. No. 964 of 2022 arising out of Bettiah Town P.S. Case No. 456 of 2022 dated 17.6.2022 registered for the offence punishable u/s 143, 147, 148, 149, 341, 323, 353, 332, 333, 338, 435, 307, 427, 504, 120B, 395, 412 of the Indian Penal Code and 27 of the Arms Act and section 3, 4 of the Prevention of damage to public property Act. .

Patna High Court CR. MISC. No.41851 of 2023(2) dt.24-07-2023 2/3

4. As per the prosecution case, the petitioner and the co-accused persons along with 500-700 demonstrators armed with lathi, rod, iron pipe went towards Railway Station and started damaging, looting and burning the engine of train as well private vehicles and also misbehaved with the public shopkeepers and other officials, by way of pelting stones and attempted to burn the government vehicles in retaliation of implementation of a Government Scheme for Agniveer and Agnipath.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The co-accused person has already been granted bail by this Court vide order dated 20.3.2023 passed in Cr. Misc. No. 65676 of 2022. The petitioner is accused in 4 other criminal cases as stated in para 3 of the bail petition. The petitioner is in custody since 17.6.2022.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-

Patna High Court CR. MISC. No.41851 of 2023(2) dt.24-07-2023 3/3 named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, West Champaran at Bettiah in connection with S.Tr. No. 964 of 2022 arising out of Bettiah Town P.S. Case No. 456 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T