Om Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47054 of 2023 Arising Out of PS. Case No.-257 Year-2023 Thana- CIVIL LINE District- Gaya ====================================================== Om Prakash Kumar, son of Chandradeo Yadav, resident of Village-Fulni Dihuri, P.S.- Chandauti, Dist- Gaya ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar No.2, Advocate For the Opposite Party/s :
Mr. Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2.
The accused/petitioner seeks bail in connection with Gaya Civil Line P.S. Case No.257 of 2023 registered for the offences punishable under Sections 147, 149, 420, 467, 468, 471, 456, 427 and 379 of the Indian Penal Code. 3.
The accused/petitioner is named in the FIR and is in custody since 14.04.2023.
4.
Allegation against the petitioner as per FIR is to encroach over public land, which is a part of school along with 12 named co-accused persons and 20-25 unknown co-accused persons and while doing so, demolished boundary wall and gate of school by using JCB machine. The informant of this case is local Revenue Officer.
Patna High Court CR. MISC. No.47054 of 2023(2) dt.01-08-2023 2/3 5.
It is submitted by learned counsel that petitioner was not apprehended on spot and as his tractor was engaged on hire basis for soil filling activity of school campus, he was implicated with present case without having any cogent materials. It is submitted that allegation against this petitioner is very much general and omnibus in nature and taking note of said fact, named co-accused, Manish Kumar has already granted bail by one of the learned co-ordinate Bench of this Court vide order dated 14.07.2023 passed in Cr. Misc. No.41769 of 2023. While concluding argument, it is submitted that the petitioner is a man of clean antecedent and moreover investigation of this case has been completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence.
6.
Learned APP opposes the prayer for grant of bail to the petitioner.
7.
In view of above-mentioned facts and circumstances and by taking note of fact as allegation agaisnt this petitioner is appearing very much general and omnibus, where implication appears prima facie being owner of tractor coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 14.04.2023, accordingly, the
Patna High Court CR. MISC. No.47054 of 2023(2) dt.01-08-2023 3/3 petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Gaya in connection with Gaya Civil Line P.S. Case No.257 of 2023, subject to the conditions as laid down under Section 437(3) of the CrPC. (Chandra Shekhar Jha, J.) Sanjeet/- U T