Shambhu Maharana v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65352 of 2021 Arising Out of PS. Case No.-721 Year-2021 Thana- BANKA District- Banka ====================================================== Shambhu Maharana Son Of Hemkant Maharana Resident Of Village - Mirjapur, P.S.- Barahat, District - Banka.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee For the Opposite Party/s :

Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 147, 149, 323, 353, 307, 379 and 427 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 02.09.2021,charge-sheet has been submitted in this case and has antecedent of one case. The learned counsel for the petitioner further submits that the informant (Awadhesh Kumar, Mining Inspector, Banka) alleges that a raid was conducted in village Mirjapur and during the raid, one Pritam Yadav along with 15 others and 20 unknown came and obstructed the informant from discharging of his duty. It is further alleged that in the said occurrence, the accused persons abused and assaulted the informant along with police personnel with lathi, danda and iron rod and also damaged the vehicle of the informant. During the assault, the accused persons snatched away a mobile from the

Patna High Court CR. MISC. No.65352 of 2021(2) dt.31-03-2022 2/2 possession of the informant.

The learned counsel for the petitioner submits that petitioner has been falsely implicated in the case. There is no specific allegation of assault against him. The only allegation against this petitioner is of attempting to snatch the arms of the police men, but in that also, he failed. The learned counsel further submits that coaccused Kumod Yadav @ Kamdeo Yadav has been granted bail by order dated 21.12.2021 in B.P. No.1581 of 2021 by the learned Court below.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted in this case and co-accused has been granted bail by the learned Court below, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Banka (Barahat) P. S. Case No.721 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T