Deepu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58700 of 2024 Arising Out of PS. Case No.-434 Year-2023 Thana- CHAKAND District- Gaya ====================================================== Deepu Kumar Son of Lali Yadav @ Lalan Yadav R/O Vill.- Bitho Sharif, P.S.- Chakand, Dist.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sheikh Arkan Ahmad, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for an offence punishable under Sections 147, 148, 149, 341, 323, 307, 353, 337, 338, 379, 427, 504, 506 and 413 of the Indian Penal Code, Section 21 of the Mines and Minerals (Regulation and Development) Act along with Rule 56 of the BM (CPIMTS) Rule, 2019.

3. As per allegation in the FIR, the informant along with other police personnel reached at the place of occurrence and found that three tractors were loaded with sand standing there and on seeing the police, driver of the said tractor succeeded to flee from the spot. In the meantime, large number

Patna High Court CR. MISC. No.58700 of 2024(2) dt.09-08-2024 2/2 of villagers attacked on the police party by means of bricks due to which they sustained injuries.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case and on perusal of the impugned order, there is no specific allegation against the petitioner, there is general and omnibus allegation against him, petitioner has got clean antecedent and he is in custody since 16.05.2024. Similarly situated co-accused persons have been granted bail by Co-ordinate Bench of this Court passed in Cr. Misc. Nos.23673 of 2024 and 35315 of 2024.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the petitioner above named 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 learned ACJM-X, Gaya in connection with Chakand P.S Case No. 434 of 2023.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T