Dev Jaiswal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52836 of 2022 Arising Out of PS. Case No.-562 Year-2022 Thana- DANAPUR District- Patna ====================================================== Dev Jaiswal Son of Dilip Kumar Jaiswal R/o Chandradev Lane Gali, Takiyaper, P.S- Danapur, Dist- patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad, Advocate For the Opposite Party/s :

Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Danapur P.S. Case No. 562 of 2022 registered for the offence under Sections 147, 148, 149, 341, 323, 353, 188, 427. 504, 506, 290 and 120(b) of the Indian Penal Code and under Section 3 and 4 of the Prevention of Damage to Public Property Act-1984. The accused/petitioner is not named in the F.I.R. and is in custody since 18.06.2022.

The allegation against the petitioner to deter public servant to discharge of his official duty and also to put buses on fire, while protesting along with several named and unknown

Patna High Court CR. MISC. No.52836 of 2022(2) dt.23-11-2022 2/3 co-accused persons, against delaying in publishing of result of Air Force written examination.

Learned counsel appearing on behalf of the petitioner submitted that the petitioner is not named in the FIR and has falsely been implicated in the present case while he was passing nearby to place of occurrence without having any connecting material. It is submitted that nothing surfaced/recovered, during the course of investigation, which may suggest any participation of this petitioner in the present occurrence. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation of this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as nature of allegation is very much general and omnibus against this petitioner coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Danapur P.S. Case No. 562 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.52836 of 2022(2) dt.23-11-2022 3/3 each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Danapur/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T