Virendra Das @ Virendra Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54021 of 2024 Arising Out of PS. Case No.-709 Year-2023 Thana- GAURICHAK District- Patna ====================================================== Virendra Das @ Virendra Kumar son of Ramashray Das Village- Baker Chak Ps- Gaurichak Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Saurav, Adv.
For the Opposite Party/s :
Ms.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Gaurichak P.S. Case No. 709 of 2023 instituted for the offences under Sections 147, 148, 149, 188, 307, 323, 324, 337, 325, 332, 333, 338, 353, 427, 504, 506 of the Indian Penal Code.
3. The prosecution case, in short, is that one Vikash Das and 80-90 others came to the police station and started making slogan. The mob was being led by one Golden Das. It is alleged that when the nearby police station officer along with police force reached there, the mob became furious and started brick batting in which the police persons sustained injuries and the mirror of the vehicle were also broken.
Patna High Court CR. MISC. No.54021 of 2024(2) dt.02-08-2024 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. There is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The specific allegation has been leveled against the co-accused Golden Das. There is no independent eye-witness to the alleged occurrence rather the same are own police officials. The petitioner has no criminal antecedent and is languishing in judicial custody since 11.01.2024 without any rhymes or reason.
5. Learned counsel for the petitioner again submits that the co-accused namely Vikash Kumar @ Vikash Dash has been granted bail by this Court vide order dated 20.06.2024 passed in Cr. Misc. No. 42467 of 2024.
6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the
Patna High Court CR. MISC. No.54021 of 2024(2) dt.02-08-2024 3/3 petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Gaurichak P.S. Case No. 709 of 2023. (Rudra Prakash Mishra, J) rishi/- U T